Lee Ann McCabe-Chiacchio, Esq. and Michael P. Chiacchio, Esq.

New Jersey law provides for the payment of alimony under certain circumstances.  The Court may award one or more of the following kinds of alimony to either party: permanent alimony; rehabilitative alimony; limited duration alimony or reimbursement alimony.

In determining if an award of alimony is appropriate, the Court must consider a long list of statutory factors and any other issues that are relevant to your particular case.  The factors that are primarily considered are 1) the actual need and ability of the parties to pay; 2) the duration of the marriage; 3) the age, physical and emotional health of the parties; and 4) the standard of living established during the marriage and the likelihood that each party can maintain a reasonably comparable standard of living.

Among the many other factors the court must consider are the earning capacities, educational levels, vocational skills and employability of each party; the length of absence from the job market of the party seeking alimony, whether related to child rearing or otherwise, the parental responsibilities for the children; the need for additional training or education and related costs; and the history of the financial and non-financial contributions to the marriage by each party including contributions to the care and education of the children and the interruption of personal careers or educational opportunities.

In the context of a settlement between the parties, there are numerous creative ways to deal with the alimony issue.  For example, in lieu of periodic payments, the parties can agree to a disproportionate payout of equitable distribution whereby the party seeking alimony receives a greater share of the assets in exchange for a waiver of alimony.  This is sometimes referred to as an “alimony buyout.”   There are advantages and disadvantages that must be considered whether you are seeking periodic payments or a buyout.

(It is important to educate yourself as to your rights and obligations.  To learn more, please call me to schedule a consultation.)

Lee Ann McCabe-Chiacchio, Esq. has more than 16 years experience as a Family Law attorney.  Ms. Chiacchio is an active member of the New Jersey Bar Association, volunteers her time with various organizations and advocates for the rights of children.  Ms. Chiacchio received the Martin S. Goldin Family Law Award for Excellence in Family Law.  Michael P. Chiacchio joined the Law Firm of Lee Ann McCabe-Chiacchio in April.  The firm is now known as Chiacchio & Chiacchio, LLC.  Although we will continue to focus primarily on family law issues, Mr. Chiacchio also handles municipal court matters.

Michael P. Chiacchio served as a Deputy Attorney General from 2003 until 2007.   Mr. Chiacchio worked for Zazzali, Fagella, Nowak, Kleinbaum & Friedman practicing in the areas of Employment and Labor Law.  Mr. Chiacchio remains affiliated with Zazzali and is now a partner at Chiacchio & Chiacchio, LLC.