There are several types of alimony that exist under New Jersey law, so understanding the different forms and their purposes is essential in protecting your rights. Reach out to a Sparta NJ alimony attorney for more information and legal assistance today.
What Is Alimony Under New Jersey Law?
In New Jersey, alimony is financial support one spouse receives following a divorce. The main purpose of these payments is to help the recipient spouse maintain a reasonably similar standard of living following the divorce. It’s important to understand that, under New Jersey law:
- Alimony is not automatic
- Courts can award one or multiple types of alimony
- Alimony is not awarded by formula, but rather by the factors of the situation
New Jersey Statute 2A:34-23 outlines the rules and regulations regarding alimony and maintenance after a separation or divorce. Under this legislation, a court is permitted to award one or more types of alimony, depending on the circumstances of your situation.
What Types of Alimony Exist in NJ?
There are several types of spousal support that can be awarded depending on the details of the marriage and situation.
Open Durational Alimony
Formerly known as permanent alimony, open durational alimony means that there is no set end date. Typically:
- Courts can only award this type of alimony if the marriage lasted at least 20 years
- It can be modified or terminated based on a substantial change in circumstances
- It is intended for spouses who will likely never become fully self-supporting
Limited Duration Alimony
This type of alimony is designed to help a spouse maintain a similar style of living while working toward becoming financially independent. The primary purpose is to help the recipient spouse during their transition to independence. It is awarded with a specific end date, with the duration tied to the length of the marriage
Rehabilitative Alimony
Rehabilitative alimony is ordered for a specific time and allows a previously supported spouse to reintegrate into the workforce and become self-supporting. This type of alimony can cover the cost of education, training, living expenses, and business tools during the transition period.
Reimbursement Alimony
This type of alimony reimburses a spouse for certain financial contributions that they made to the other party’s education or career. For example, if one spouse paid for the other’s college education, which allowed them to have a higher earning capacity, they can be reimbursed for the money they contributed.
Pendente Lite (Temporary) Alimony
It is also important to note that NJ courts are permitted to grant pendente lite support, which is a form of temporary alimony awarded only during the divorce or separation process. This type of support allows both spouses to maintain the same or similar financial position as before the proceedings began and is terminated as soon as the case is finalized.
How Alimony Laws Have Changed in New Jersey
Over the years, legislation has changed how alimony is awarded under New Jersey law, with, most notably, the elimination of permanent alimony. As such, this allowed the court to offer open durational alimony, while also making changes to ensure that retirement standards are explicitly addressed and allowing marriage length to play a more significant role.
Factors Courts Consider When Awarding Alimony
When determining the type and amount of alimony to award in a divorce case, New Jersey courts will consider the following factors and more.
- The need and ability of the parties to pay
- The duration of the marriage
- The age and physical/emotional health of both parties
- The standard of living established during the marriage
- The earning capacities, education levels, and employability of both parties
- The amount of time the party seeking maintenance was out of work
- The parental responsibilities of each spouse
- Financial and nonfinancial contributions made by each spouse
- The outcome of equitable distribution
- Any other factor that is deemed relevant by the court
Can Alimony Be Modified or Terminated?
It’s not uncommon for the financial circumstances of one or both spouses to change in the years following a divorce. As such, you may be eligible for a post-divorce modification when necessary. Generally, in order for this to occur, a substantial change in circumstances must occur for the court to grant this request. Common reasons the court may enforce an alimony modification include:
- Retirement
- Job loss or reduction of income
- Illness or disability
- Cohabitation by the recipient spouse
Contact Our Sussex County Divorce Attorneys Today
If you are going through a divorce in Sparta, Jefferson, or the surrounding Sussex County area, understanding what you can expect in terms of alimony is critical. As such, if you need legal representation, working with the team at the Paris P. Eliades Law Firm, LLC, is in your best interest. Our firm understands how difficult these matters can be, which is why we will do everything in our power to help you fight for the best possible outcome. Contact us today to learn more.