Alimony is monetary support that a higher-earning spouse may owe to a lower-earning spouse during and after a divorce. Various types of alimony can be awarded depending on the financial status of each party. New Jersey courts can offer permanent alimony under certain conditions. Acquire the services of a Sparta NJ alimony attorney for skilled legal help during your divorce.
What Types of Alimony Exist?
New Jersey state courts can order a spouse to pay any of five types of alimony. The varying categories of spousal support include temporary, rehabilitative, reimbursement, limited duration, and open durational, formerly known as permanent.
- Temporary alimony, also known as pendente lite, is only available during the actual divorce process. While separated and going through divorce it is important that both spouses are financially supported to ensure they can both procure legal assistance and continue living at their usual standards.
- Rehabilitative alimony can be awarded to a spouse who needs time to be able to financially support themselves. If the lower-earning spouse needs support while they go back to school or engage in career training rehabilitative alimony can be awarded during that time.
- Reimbursement alimony refers to spousal support designed to pay a spouse back for contributions or sacrifices they made. In many marriages, one spouse will delay their education to work to put the other spouse through schooling or quit their job to raise children. In these cases reimbursement alimony is appropriate.
- A court may award limited-duration alimony to allow the lower-earning spouse to become financially independent while maintaining their standard of living. Limited-duration alimony will have a set end date. For example, a spouse may be given 10 years of limited-duration alimony and be expected to use that time to become self-supporting.
- Open durational alimony is a newer term for permanent alimony. This type of spousal support has no fixed end date and is typically awarded for marriages that last 20 years or longer. When a spouse will not be able to become financially independent due to age, health, disability, or any other reason, open durational alimony may apply.
Does Permanent Alimony Ever End?
While it is rare, permanent or open durational alimony may be modified or terminated under certain conditions. Any alimony obligation will come to an end with the death of either spouse, but there are some instances where a modification or termination may be deemed necessary by a court. Some examples include the following.
- The receiving spouse moves in with a new romantic partner
- The receiving spouse gets remarried
- The paying spouse unwillingly and permanently loses their job
- The paying spouse becomes disabled and can no longer work
- The paying spouse encounters new financial burdens or a crisis
- The paying spouse reaches retirement age
Besides death or retirement, modifying or ending open durational alimony is rare. However, as seen in the above examples it can be done when necessary. Generally, if the receiving spouse becomes financially independent or can depend on a new partner they may not need alimony anymore, or at least not as much. Additionally, any major changes to the paying spouse’s financial situation can result in a modification or termination of their obligations.
To discover how you can request a modification of open durational alimony, do not hesitate to contact an experienced divorce attorney today.
