Brian D. Perskin & Associates

New Jersey Alimony Laws Have Many Critics

Many people in New Jersey are complaining about the state's unfair alimony laws. They are requesting they be changed because some consider them easy to take advantage of. Take a look at our neighboring state's laws to find out what some people want to change.

The NJ Alimony Rules

Currently, the spouse who earns the most money is ordered to pay alimony to his or her spouse. The gender does not matter, which is good since many women are actually the breadwinners of their household these days, so this part of the law is often considered fair. However, marriages as short as ten years may involve alimony in New Jersey, whereas other states often only include it in longer marriages.

In addition, the alimony must be paid for life. For this reason, many people simply never remarry, even when they are in a new relationship, because they have a chance to be paid for life. Most other states have time limits on alimony, and they also have maximum amounts that can be paid, but New Jersey lacks these limitations.

Modification of Alimony

Throughout life, many people experience changes that might affect how much money they can pay in alimony. For example, they might lose their job or at least have a reduction in hours. In many states, you can petition a judge for modification of alimony, and you can do the same in New Jersey. However, in NJ, few people are ever successful in getting the amount of alimony they pay modified. This can understandably lead to financial ruin when they lose their job or retire in old age. In addition, the courts become clogged up with cases in which spouses cannot afford to pay alimony, leading to lawsuits over the issue.

The Problems with the System

Though many people need alimony just to survive after divorce, many in NJ think the laws should be changed a bit so the person making the payments is not completely broke afterward. A few details many complain about include the lifetime term of paying alimony, the difficulty of modification, and the lack of a limit on the amount that is paid. As a result of the laws in New Jersey, some people refuse to work or remarry after their divorce because they do not want to give up alimony, while the people paying the money cannot afford to get married and start fresh since there is no end in sight when it comes to the payments.

If you are having trouble making your payments, or if your ex refuses to pay, you need a lawyer who is well versed in alimony cases. At Brian D. Perskin & Associates P.C., we are here for you. We can simply answer questions you may have, and we can also lead you in the right direction to either getting the alimony you are owed or going to court for a modification in New York.

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