During many divorces, one of the key issues that will need to be decided is that of an alimony and spousal support agreement. Alimony is designed to help spouse's who have traditionally been financially dependent on the other spouse to maintain a lifestyle similar to what they enjoyed during their marriage.
While there are several different types of alimony, and alimony can last for different lengths of time depending upon the duration of the marriage and the needs of the dependent spouse, many divorcing individuals are concerned about securing a similar type of financial support during their divorce itself.
For those individuals, securing temporary alimony (legally referred to as "pendente lite support") can be just as important as securing a fair final alimony agreement. When it comes to temporary support during divorce, here is what you need to know.
Temporary Financial Support Lawyers Chester, NJ
Unless the divorcing couple can agree on terms regarding financial support during their divorce, it may be necessary for a financially dependent party to file a request for temporary alimony. When deciding how much may be required in terms of temporary spousal support, courts consider many of the same factors that they do when deciding a final alimony agreement.
Some of the factors a court will consider when deciding temporary alimony during divorce include:
- The income and earning capacity of both parties
- The standard of lifestyle enjoyed by the parties during their marriage, and their ability to maintain a similar lifestyle during their divorce proceedings
- The age and health of both parties
- The expenses of both parties, and their ability to meet those expenses
- The duration of the marriage
- Any other factor the courts deem relevant to the case at hand
While courts will consider each of these factors when awarding pendente lite support, the weight that each factor is given changes from case to case. With this in mind, if you are seeking temporary financial support, or are facing a temporary alimony request, one of the most important things you can do is to retain the counsel of an experienced Chester temporary alimony lawyer. Your attorney will be able to advise and guide you throughout the process, and help you ultimately secure the temporary alimony resolution which accurately reflects your marriage's finances, and your own individual financial needs.
How To Get Temporary Financial Support During a Morris County Divorce
If you are in need of financial support during your divorce before a final alimony agreement can be reached, there are two possible ways for you to secure that temporary support. The first is by discussing the matter with your partner, reaching some kind of agreement, and submitting that agreement in writing to the courts in the form of a "consent order". The courts will want to review this consent order, but given that it is fair and reasonable for both parties, they will ratify the terms contained within the consent order, and make those terms legal and enforceable.
On the other hand, if you and your partner are unable to agree on terms for temporary financial support during your divorce, it will instead be necessary to file a motion with the courts requesting temporary alimony. Once filed, the courts will consider the factors mentioned in the section above, and if they find there is a need for temporary alimony, eventually award a formal temporary alimony agreement.
Contact Our Morris County Temporary Alimony Attorneys Today
At The Law Office of Laufer, Dalena, Cadicina, Jensen & Bradley, our attorneys have extensive experience helping clients to resolve their divorce, the related issues of child custody, child support, alimony, and marital asset division, and to secure temporary financial support during the divorce process itself in towns across New Jersey and Morris County, including Chester, Chatham, Mendham, Harding, Madison, Morris Township, and Morristown.
Our firm features many attorneys who have been regularly nominated to the Super Lawyers list as it relates to family law, representing their peer and industry recognition for their professional accomplishments, legal knowledge, and exemplary service to their clients. For a complete list of our attorneys and their years of inclusion to the Super Lawyers list, please view the section below.
To speak with our attorney team today in a free and confidential consultation regarding your divorce and any of its related issues, or a temporary alimony request during the divorce process, please contact us online, or through our Morristown, NJ office at (973) 975-4043.