New Jersey state law recognizes several types of alimony, each designed to serve a different purpose based on the specific details of the marriage and divorce. If you are going through a divorce, it is important that you understand your rights and obligations surrounding spousal support and the type of alimony that you should be awarded. Work with an experienced Sparta, Sussex County NJ spousal support attorney for skilled legal advice and representation.
Which Type of Alimony Should I Be Awarded?
There are several types of alimony recognized under NJ § 2A:34-23. The one that you will or should be awarded in your separation or divorce depends on the details of your circumstances. Consider the following.
Pendente lite:
Pendente lite is an important type of financial support that is required before the divorce is finalized. A New Jersey court may award pendente lite during the separation period or the beginning of the divorce process as a way to ensure that both spouses remain in good financial standing throughout the divorce. This allows the lower-earning spouse to continue meeting financial obligations while also affording legal counsel and representation. Pendente lite is terminated immediately upon the issuance of the final divorce decree.
Open durational:
Open durational alimony is the current term for what was previously known as permanent alimony prior to 2014. Open durational alimony is awarded in divorces where the marriage lasted 20 years or more. It does not have a set end date and can last for the remainder of the spouses’ lives.
This type of alimony is awarded when there is little chance that the dependent spouse will ever be able to become financially independent, whether due to their age, health, education, earning capacity, etc. It continues indefinitely unless there is a change in circumstances that warrants an adjustment to the order.
Limited duration:
Limited duration alimony is often awarded in marriages that last approximately 10 to 15 years. It is issued when one spouse may need financial support for a fixed period while they work towards becoming independent. For example, if one spouse left their job during the marriage to take care of the home or children, they may need time to pursue education or training in order to secure a steady income.
This type of alimony has a set end date that is created based on how long the court anticipates the dependent spouse will need to become self-sufficient.
Rehabilitative:
Rehabilitative alimony is designed to support a spouse while they rehabilitate into the workforce and become financially independent. It offers support while the spouse pursues education, training, or employment. Rehabilitative alimony requires a specific plan outlining the steps the spouse will take and how long they expect to remain financially dependent on the support.
Reimbursement:
Aptly named, reimbursement alimony is awarded as a way to reimburse one spouse for financial or other contributions that they made to their spouse or the relationship in general. For example, if one spouse worked full-time to pay for the other’s graduate school with the expectation that their family would benefit from the increased earning capacity, they can be reimbursed upon the divorce. In this situation, the spouse invested in something that they are no longer able to reap the rewards of.
If you have questions or concerns about the type of alimony you should be awarded, reach out to a skilled divorce attorney today.