What I Need To Know About Alimony In NJ

Understanding Alimony

Alimony is paid by one spouse to the other for their support. Unlike child support were the support is for the child alimony is for the spouse. There are five types of alimony in NJ:

Open Durational Alimony
Alimony reform that was signed into law on September 14, 2014 eliminated permanent alimony and replaced it with open durational alimony. Open durational alimony is awarded when the duration of a marriage is 20 years or longer.
Rehabilitative Alimony

Rehabilitative Alimony in NJ is given to a spouse to a spouse on a short term basis to enable them to obtain economic self-sufficiency through training and education. The goal of rehabilitative alimony is economic rehabilitation of the dependant’s spouse. The dependant’s spouse must submit a plan in which they must show the scope of rehabilitation, the steps to be taken, and the time frame when rehabilitation will occur. A spouse may be awarded Rehabilitative Alimony in addition to Permanent Alimony.

Limited Duration Alimony

Limited Duration Alimony in New Jersey is given to a spouse for a length of time in which it would reasonably take them to improve their earning capacity to a level where Limited Duration Alimony is no longer suitable. If a marriage or civil union is less than 20 years, the duration of alimony can not exceed the length of the marriage excluding exceptional circumstances. Once the amount of Limited Duration Alimony is set a Court may modify the amount of said alimony, but generally will not modify the length of the term.

Reimbursement Alimony

Reimbursement is given to one who supported the other to advance the other’s education and they anticipated participating in the fruits of the earning capacity produced by that education. This type of alimony is given when one spouse supported the other spouse during college or grad school.

Pendente Lite Alimony

Pendente Lite Alimony in New Jersey is support paid during the of the Divorce litigation. This type of alimony is temporary and a party needs to file a Motion to receive the same unless the parties make an agreement. Even though this type of alimony is temporary and Courts grant Pendente Lite Alimony without prejudice, the amount of temporary support could have impact the final support award.

Alimony Factors

The New Jersey Alimony statue contains thirteen factors that Courts use in determining the amount and duration of alimony. Said factors are as follows: 1) the actual need of one party and ability of the other party to pay; 2) the length of the marriage or civil union; 3) ages of the parties and their emotional and physical health; 4) The parties standard of living established during the marriage or civil union and whether each party can maintain a reasonably comparable standard of living; 5) each parties’ earning ability, educational levels, occupational skills and employability; 6)The length of absence from the job market of the party seeking maintenance; 7) a party’s parental responsibilities for their children; 8) The time and cost needed to acquire enough education or training to enable the party seeking support to find suitable employment, the availability of the training and employment, and the prospect for future attainment of capital assets and income; 9) the record of financial and non-financial contributions to the marriage by both party including contributions to the care and education of the children and disruption of individual careers or educational opportunities; 10) the distribution of property ordered and any payouts on said distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and equitable; 11) any investment income available to either party from of any assets held by them;12) The tax treatment and cost to both parties of any alimony award, including the description of all or a part of the payment as a non-taxable payment;13) the duration, amount and nature of pendent lite support paid; 14) any other factor the Court finds relevant. Call today for a free 30 minute in office consultation.

New Jersey Divorce Lawyer Blog - Alimony
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