When Alimony Is an Issue in Divorce, Our Lawyers Can Help
Spousal support, or alimony, is often a point of dispute in New Jersey divorce cases. Determining the appropriate amount and duration of support can be complex, especially when both parties have different financial needs and circumstances. Spousal support, also known as alimony, is a key issue in many divorce proceedings, and its determination can significantly affect both parties' financial futures. Whether you are pursuing, updating, or challenging an alimony request, having the experienced Shrewsbury spousal support attorneys at Bachman & Newman, LLC by your side is essential for ensuring a fair outcome.
There are times when, after the divorce has been finalized, circumstances change for one or both parties. In some cases, post-divorce modifications may be necessary if either party’s financial situation changes. Our attorneys can help navigate the process of adjusting spousal support, ensuring that any modifications reflect the current financial realities. This is especially important when unexpected life events, such as job loss or a significant increase in income, occur.
In divorce cases involving children, child custody arrangements can also influence the amount of spousal support awarded, as the financial responsibilities of each parent are taken into account. Our firm works diligently to ensure that both spousal support and child custody agreements are fair and consider the best interests of the children. We are skilled in handling cases where these two factors are closely intertwined, making sure that all aspects of the family’s financial and emotional needs are addressed.
To avoid lengthy court battles, many couples turn to mediation to help divorcing couples reach agreements on spousal support without going to court. However, if a couple cannot agree on spousal support terms, arbitration can be a useful alternative to resolve the matter efficiently. Whether through negotiation, mediation, or arbitration, the attorneys at Bachman & Newman, LLC will help you find the most effective way to resolve your spousal support issues while protecting your rights and financial well-being.
We have more than 100 years of combined family law experience, backed by a tireless dedication to our clients and a record of success.
From high-net-worth divorce cases to those involving disputed pre-nuptial agreements and more, our team can help you navigate even the most complex issues in divorce, providing exceptional advocacy and support every step of the way.
If divorcing parties can agree on the terms of spousal support, they can enter their agreement with the family court, and it will generally be approved. When there are disputes over spousal support, however, the court will step in and consider the following factors to determine if alimony should be awarded:
Generally, committing violent crimes during a marriage will bar an individual from obtaining spousal support in New Jersey divorce cases.
Related: What Happens to Spousal Support if Your Ex-Spouse Remarries?
The duration of spousal support will depend on several factors, including:
Whenever spousal support issues arise during or after a New Jersey divorce case, contact a Shrewsbury divorce lawyer at Bachman & Newman, LLC. Our boutique family law firm is home to talented, trusted attorneys who can effectively represent you in any matters related to spousal support and divorce.
Call (732) 431-0150 or contact us online now for essential legal advice regarding alimony in your divorce case.
Committed to providing client-focused service, our Shrewsbury divorce attorneys can:
From offices based in Shrewsbury, our divorce and alimony lawyers offer the highest-quality representation to clients throughout Monmouth County, including to those in Manalapan Township, Marlboro Township, Holmdel Township, Middletown Township, Freehold Township, Howell Township, Colts Neck Township, Little Silver, Rumson, Fair Haven, and beyond.
How do we approach spousal support cases in New Jersey?
Understanding that each spousal support case in New Jersey presents its own unique challenges, we meticulously analyze all aspects of your situation. From high-net-worth divorces to disputes over pre-nuptial agreements, our approach is always tailored to your specific needs, ensuring a comprehensive strategy for your case.
How does our alimony attorney team in Shrewsbury stay ahead?
Our team stays ahead by continuously updating our legal knowledge and skills, focusing on the latest developments in New Jersey family law. This commitment ensures we provide the most current and effective representation possible for our clients facing alimony and spousal support issues.
Can spousal support be modified if one spouse loses their job or faces financial hardship?
Yes, spousal support may be modified if there is a significant change in circumstances, such as job loss, disability, or a serious financial setback. Courts will require proof of the change, such as documentation of unemployment, medical conditions, or reduced income. Temporary hardship may not be enough, but long-term changes can justify adjustments. Either party can file a motion with the court to request modification. Judges consider whether the change is substantial, involuntary, and likely to continue. Consulting with an attorney can help present a strong case for modification or defend against one.
Is spousal support treated the same way as child support for tax purposes?
No, spousal support and child support are treated differently under tax law. Since 2019, spousal support (alimony) payments are no longer tax-deductible for the paying spouse and are not taxable income for the receiving spouse under federal law. Child support has always been non-deductible and non-taxable, so these payments are distinct. This means parties cannot shift money labeled as alimony to achieve a tax advantage. It is important to structure agreements carefully to ensure compliance with tax law. An attorney can help clarify how support obligations impact your financial picture.
How is the duration of spousal support determined in New Jersey?
The length of alimony depends on multiple factors, including the length of the marriage, age and health of the parties, earning capacity, and the standard of living established during the marriage. For marriages under 20 years, alimony generally cannot exceed the length of the marriage, except in exceptional cases. Long-term marriages may justify open-duration alimony, especially when one spouse has been out of the workforce for many years. Courts also consider whether the supported spouse can become self-sufficient. The goal is to balance fairness without creating indefinite dependency. Attorneys often negotiate spousal support duration as part of a larger divorce settlement strategy.
In 2026, cohabitation can be a basis to suspend or terminate alimony in New Jersey if the supported spouse is in a mutually supportive, intimate relationship resembling marriage-like support. Courts commonly look for practical evidence such as intertwined finances, shared living expenses, recognition of the relationship in the couple’s social circle, and other indicators that the relationship includes shared duties and benefits. The paying spouse generally needs to present enough facts to justify further inquiry, and then the court evaluates the relationship under the statutory factors rather than relying on a single detail. Because these cases are fact-sensitive, documentation like leases, shared bills, joint purchases, or consistent overnight stays can matter, but context is critical. Cohabitation does not automatically end alimony in every case, so the court’s focus is whether the relationship changes the supported spouse’s financial need. An attorney can help you gather lawful evidence, respond to discovery requests, and present the clearest argument for modification based on the statute.
Interested in discussing your spousal support case with experts?
If you're navigating the complexities of alimony in New Jersey, let's talk. Our Shrewsbury team is ready to offer the legal advice and support you need. For a detailed discussion about your situation, reach out to us.
