A Note From Brad Micklin
Alimony rights for men are more complicated today than they ever have been. There are two sides to the discussion on men’s alimony rights. In an era where traditional gender roles are rapidly changing, as a man, you should have an equal opportunity to receive alimony. On the other hand, did you know that men represent 97% of alimony payers? If you are the big income earner, you should not assume you will automatically pay alimony or support your ex for the rest of her life. I’m here to guide you through the complexities of your alimony options so you land on your feet and are well-prepared to start the next chapter of your life – without an unrealistic alimony obligation.
Why Alimony Rights for Men Matter
You’re divorcing your ex-wife for a reason. If you have to pay it, alimony can feel like pouring salt in the wound of a phase in your life you are trying to move on from. Thankfully, New Jersey requires some very specific guidelines be met which can ultimately protect you from paying too much, for too long.
In 2014 New Jersey Governor Chris Christie signed a bill designed to reform the alimony system in our state. Many of these reforms will benefit you as we seek to negotiate your alimony obligation (if any). A few things you should know about this law. Gone are the days you need to worry about what was referred to as “permanent” alimony – court-ordered payments that could last for years and years. In fact, if you have been married less than 20 years, your alimony payments should not exceed the number of years you have been married.
Also closed is the loophole that an ex would use to take up “residence” somewhere, while concurrently living with another person. What if you lose your job? Not to worry. If you are out of work for three months, we can petition the court to reduce your alimony payments and child support.
The first thing we do is to determine what the equitable distribution of your marital property – assets you built together and debts you incurred while married. This is where we split the pie and negotiate who owes what and what assets you will split. Traditionally alimony enters the picture if, for example, your spouse put their career on hold to take care of the children by serving as the stay-at-home parent. Remember that alimony is not meant to penalize you, but to help your spouse to get back on her feet post-divorce.
It is possible you might have to pay what is called Pendente Lite Alimony – temporary alimony – until your divorce is finalized. The good news is that New Jersey no longer supports permanent alimony so working with me to negotiate your alimony payment will be critical. There is a lot more to it than plugging a few numbers into an “alimony calculator.” I can help you review your options and negotiate terms that won’t break the bank on the lifestyle you are used to living.
Resources for You
Based on his work as a litigator, Brad has earned numerous successful results, including successfully arguing the lead case in New Jersey divorce law defining the laws concerning limited duration alimony and its modification. In addition to hislitigation and negotiation experience, Brad also has extensive training and experience in the alternative dispute resolution (ADR) processes. After serving as a mediator for the Attorney General’s Office in Delaware, he received certification as a mediator through the Superior Court of New Jersey. He later received an invitation to serve as a commercial arbitrator from the Assignment Judge, Union County, New Jersey.
“Mr. Micklin worked very hard for my divorce. My ex failed to show many times and Mr. Micklin got it done in spite of her attempts to drag it out. He explained everything step by step, laid out what my options were and handled the court system very professionally. I do not know what else you could ask for. I knew what to expect in plain terms anyone could understand. I never felt out of place or uninformed during the entire process which was complicated in my case.” – Mike M.
FAQ: Alimony Rights for Men
Since every situation is unique and different, you should know there are a number of factors the courts use to determine what you will pay and for how long. In new Jersey there are thirteen factors that courts use in determining the alimony amount and how long you will pay. These factors include the length of the marriage, as well as your age, your spouse’s age, and each of your levels of physical health.