In New Jersey, determining the payment of alimony from one spouse to another is a very fact sensitive inquiry. With the modification of the tax code for deductibility and taxability of alimony payments, the negotiations on what alimony payments are reasonable, has also changed. Clients should know what they are fighting for, and in what range it would be reasonable to resolve their case. Seeking the guidance of experienced divorce attorneys, like those at Shane and White LLC, is key in securing results tailored to your family’s individual needs.
There are a few mistakes, as divorce attorneys, we see client’s make when negotiating an alimony obligation.
1. Seeking the highest amount of alimony possible, and then some.
2. Trying to negotiate a payment of alimony that is far less than reasonable.
3. Paying far more out of guilt or a feeling of fault, and/or accepting less than is reasonable for the same reasons.
Clients should remember, New Jersey is a no-fault state for divorce. That means that guilt and fault, have little to do with the outcome or resolution of a case (with the exception of egregious circumstances). Often times, the above examples, will lead to contentious litigation, multiple mediation sessions, and quite possibly the parties reaching a resolution only after a trial which can takes months to conclude. The money spent in this type of litigation could be better used to reach a more reasonable settlement on the issue of alimony, and allow the parties to move forward with the assurance the resolution reached is reasonable.