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 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. 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, including the following.
- Open durational alimony: Formerly known as permanent alimony, open durational alimony means that there is no set end date. Courts can only award this type of alimony if the marriage lasted at least 20 years, and it is generally granted when the spouse who was financially supported is unlikely ever to become completely self-supporting.
- 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.
- 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. It is awarded with a specific end date.
- 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.
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.
What Factors Are Considered 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
If you are getting a divorce, it is important that you understand your legal rights regarding alimony, whether you will be paying or receiving spousal support. Work with an experienced family lawyer for representation during your case.