Now is a good time to start divorce mediation. People often ask us, “When is the best time to start the process?” They are ready to move on, but they are not sure if it makes sense emotionally or financially. Well, now is a good time for three reasons.

One, the holidays are over, and the risk of ruining the magic of the season with the drama of change has past. Moreover, some parents’ concerns that their children would associate holiday time with their parents’ split is no longer an issue. In fact, January is traditionally seen as a good time for new beginnings.

Two, we are beginning the spring real estate season, generally considered the best time for selling a house. So, if your assets include a house that you will need to sell in order to afford to establish two households, now may be the best time to list the property for a fast sale and a good return.

Three, the new health care marketplace will allow some people more insurance options than they previously had.  Once a couple divorces, they can no longer qualify for a family plan for health insurance. So, they each need to have a separate plan. In the past, the party who did not have his or her own plan could use COBRA to continue on his/her ex-spouse’s plan, get benefits from his/her own employer, or self-insure. Now, plans are available to everyone, even if they have pre-existing conditions, and some lower-income earners will be able to enroll in subsidized plans.

If you are ready to divorce, and are just wondering when you should begin, now may be the best time to start planning for your new future.

For more information about divorce mediation, please contact Randi M. Albert, JD, or Michelle Weinberg, LMFT, at Westfield Mediation, LLC, at 908.913.0373.  View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com.

Alimony reform in New Jersey was a front page article in The Star Ledger on November 30, 2013.  Some New Jerseyans support a bill that would create alimony guidelines with a formula, similar in concept to the state’s child support guidelines, with established limits on the amount and/or period of support.  Alimony can be a hot-button topic when getting divorced.  People going through a divorce seem to have very strong feelings about alimony.  At Westfield Mediation, LLC, we are able to help couples navigate this thorny topic in a calm and rational manner. 

The official term for alimony is spousal support and it is not always warranted in every divorce. When deciding if alimony is justified, couples also have to decide which type makes sense for their circumstances.  There are four types of spousal support: permanent, limited duration, rehabilitative and reimbursement. 

Permanent alimony is a misnomer, as it may not always be permanent.  It can change or end when the incomes of one or both of the parties changes significantly.  It is awarded in long-term marriages where there is little chance that a spouse would be able to maintain the standard of living established during the marriage without the extra financial support.  Permanent alimony is common in long-term marriages with the stereotypical situation where both parties were working at the start of the marriage and then one stops working to stay home with the kids.  One person’s career continues to grow and the other’s is non-existent. Upon divorce it is unlikely that the stay-at-home parent’s return-to-the-workforce salary will ever catch up to the parent who has continuously worked and he/she will not be able to maintain the established standard of living without extra financial support. 

Limited duration alimony is to be paid for a specific period of time.  It is appropriate for shorter-term marriages or marriages where one spouse will be able to catch up to the standard of living established during the marriage with some initial financial backing. 

Rehabilitative alimony is also paid for a set time frame while the spouse is preparing to become self-sufficient.  So the spouse may be returning to school or starting a business and needs the financial support initially until he/she completes the venture and starts earning his/her own income. 

Reimbursement alimony is repayment of financial support given during the marriage.  A typical situation is when one spouse worked to put the other spouse through law, medical or graduate school, expecting to enjoy the benefit of the earning capacity of that higher education.  Both spouses worked toward that higher degree and are entitled to its financial profits. 

The spousal support laws in New Jersey may be changing, but the emotional responses to alimony remain heated.  If you need help figuring out your alimony during your divorce, a divorce mediator at Westfield Mediation, LLC, can help you. For more information about spousal support or divorce mediation contact Randi M. Albert, JD, or Michelle Weinberg, LMFT, at Westfield Mediation, LLC, at 908.913.0373.  View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com.