What Was Permanent Alimony Replaced With in New Jersey?

In many marriages, both spouses can be in different financial standings. This is often seen when one is employed and the other is not. In these situations, one spouse is usually financially dependent on the other. This can make divorces difficult, which is why the court may order alimony. These are payments made from an independent spouse to a dependent spouse to provide them with stability until they can get on their own two feet. If you are seeking alimony in a divorce case, contact an experienced New Jersey divorce attorney for assistance. 

What Replaced Permanent Alimony?

In the past, spouses could receive permanent alimony in New Jersey. This was support paid from one spouse to another for a lifetime. However, this was replaced by former New Jersey Governor in 2014. Open durational alimony took its place. This exists for couples who were together, married or in a civil union, for more than 20 years. Under this amendment, there is no end to the alimony payments unless there is a reason to terminate. This may be due to cohabitation, remarriage, if the paying spouse becomes disabled or unemployed, or if the dependent spouse becomes independent.

Other Types of Alimony

The court orders different types of alimony depending on the circumstances of the marriage. The types of alimony available in New Jersey are:

  • Limited Duration Alimony: For couples who were married or in a civil union for less than 20 years. These payments should not be made longer than the duration of the marriage/union and can be terminated if either spouse’s finances change.
  • Rehabilitative alimony: When a spouse holds off their career to support their family, this allows the dependent spouse to receive the education or training they need for work.
  • Reimbursement alimony: If one spouse financially supported the other’s education or training, this type of alimony reimburses them for the cost.

How is Alimony Determined?

In order for the court to determine if alimony is necessary and the type that should be paid, they consider the following factors relating to the marriage: 

  • The length of the marriage
  • The age and health of each spouse
  • The earning capacity of each spouse
  • The needs of the dependent spouse
  • The independent spouse’s ability to support the dependent spouse
  • If the dependent party had a significant absence from the job market
  • Equitable distribution of property
  • Each spouse’s responsibility for any children they have
  • The standard of living the couple established during their marriage
  • If there is any income available from investments
  • If there are any tax implications from spousal support payments

Contact our Firm

We understand that those getting a divorce most likely have several questions regarding the weeks and months to come. Paris P. Eliades Law Firm, LLC is honored to serve the people of New Jersey, including Sparta, Sussex County, Morris County, Passaic County, and Bergen County with the quality legal services they deserve. If you are getting a divorce or have any other questions regarding divorce-related matters, please do not hesitate to contact our firm for a consultation today.