Alimony

The determination of alimony can be a very complex process. Before you can determine which spouse deserves to receive payments, and how much, your lawyer must first conduct a great deal of investigation.

Calculating Alimony Payments In Your Divorce

Beyond a simple analysis regarding the disparity of a couple's incomes, determining the appropriate alimony award requires the consideration of 13 factors, as set forth in N.J.S.A. 2A:34-23(b), including, but not limited to, the duration of the marriage, the parties' respective ages and health, the marital standard of living, and the parties' future needs, as well as their ability to meet those needs based upon their own educational and work history.

Furthermore, even the apparently simple task of determining a party's income can be quite complicated and complex based upon an individual's available benefits and bonuses, and, in the case of a business owner, the legal manipulation of income for tax purposes. While in many cases a forensic accountant may be necessary to accurately gauge an individual's true income, having an attorney who can personally review and comprehend an individual's tax returns and cash flow, while also understanding the underlying principles found in an expert's report and analysis, ensures that the alimony calculus is based upon a fair and complete review of an individual's true income stream. In addition, an actual understanding of the calculus permits an attorney to artfully explain and argue the legitimacy of a given calculation, as opposed to being left simply accepting adversaries' or an expert's opinion at face value.

Contact Miller & Gaudio PC

If you are faced with an alimony determination, the attorneys at Miller & Gaudio PC will provide skilled assistance and straightforward direction. To contact our law firm, please call 732-741-6769 or contact us online.