Types of Alimony in NJ
There are several types of alimony: limited duration, temporary, rehabilitative, permanent, and reimbursement.
- Limited Duration- this means that the financial assistance the party receives is for a limited period of time. The alimony ceases once the receiving party is able to financially support themselves. This decision is based on the needs and financial condition of the spouse receiving support.
- Temporary- also referred to as alimony pendente lite. Temporary alimony is given to those spouses whose income is too cover to expenses during the process of divorce, or they are unemployed.
- Rehabilitative- in a situation where a spouse doesn’t have any formal education or training- a plan will be created for said spouse to receive support from their ex-partner. The timeline of the plan includes the time it will take to pursue formal education or training, allowing the receiving spouse to become self-supporting. Once the period of rehabilitation has concluded, the alimony ceases.
- Permanent- this type of alimony no longer exists. For those parties who are in a permanent alimony agreement- it can be appealed. A judge may choose to modify the arrangement, or end it. If your marriage lasted for less than 20 years, then the period of alimony payment won’t exceed the number of years your marriage lasted. However, a judge may say otherwise, in the case of exceptional circumstances.
- Reimbursement- this is generally awarded when one spouse supported the other during advanced education in an expectation that both parties would enjoy those benefits.
In some cases, the court can award any combination of these orders, the decision is dependent on the circumstances and fact findings of both parties. For instance, if the court orders rehabilitative spousal support, it can also rule for limited duration and reimbursement alimony in NJ.
There are several factors that will be considered when you approach the court to modify your alimony agreement. If you have been paying, or receiving, alimony payments for a period of time that can be considered reasonable, then these factors will be considered:
- One of the parties dies.
- One of the parties remarries.
- The children are now self-reliant.
- One of the parties is less dependent on the alimony payments.
Rehabilitative and limited duration alimony can be modified if there are any significant change
s in either spouse’s circumstances. If the spouse has failed to become self-sufficient in the rehabilitation period, then a judge can modify the terms of the rehabilitation alimony. While limited duration alimony can be terminated in the case of remarriage, however reimbursement and rehabilitative alimony will usually continue. Though, the judge may decide otherwise.
In summary, there are no rules to quantify the length or duration of an alimony agreement. The court will take various factors into consideration when determining a figure. It is an exhaustive and delicate process, which is why it is vital to enlist the help of a legal expert. If you don’t know where you will need to pay alimony, or if you want to know if you would be entitled to it- our attorneys can help you understand the process.
Our divorce attorneys will help you assess your requirements and situation and provide you with expert legal advice with your best interests at heart. Our attorneys understand that you need the fairest deal possible because it’s your future at stake. We have years of experience working a wide range of divorce cases, and we can assist you in getting a fair deal on alimony in NJ. If you want to fight for your rights and get the best deal from your divorce proceedings contact us to help you.
NJ Alimony Laws
When a couple divorces, after having lived together as couple legally bonded together, one of the pair will pay alimony. It may also be referred to as spousal maintenance, or spousal support. All of these terms refer to alimony. An amount will have been previously calculated and agreement made that one party will pay the agreed amount to the other in the form of maintenance. There are several factors which are taken into consideration when calculating alimony in NJ.
- Each spouse’s age.
- Each spouse’s earning potential and gross income.
- What tax implications there are on the alimony.
- The level of parental responsibility each spouse holds.
- The duration of the marriage.
- The level of financial assistance of one spouse versus what the other spouse can afford.
- Each spouse’s emotional and physical health.
- The spouse’s educational qualifications and earning potential.
- The potential for employment.
- The lifestyle or standard of living before the divorce proceedings.
- Both the non-financial and financial contributions each spouse made to the marriage.
There is not a fixed amount with regards to alimony, it is based on these factors. The court decides what amount is the most appropriate and in both party’s best interests.
Both the amount and duration of alimony payments in NJ can be agreed between the divorcing parties. Only when the dispute arises will the court intervene in order to make a decision on your behalf. In these cases, there will be proceedings in a court of law, there will be a trial and reaching a decision requires both your time and resources. There is an increased likelihood that you will have to pay your former spouse alimony if you made more money during the time of your marriage. The decision is not based on gender, but instead on the higher earner and the alimony will continue until the spouse receiving payments is self-supporting.
However, if your marriage was of a brief duration, or if there is no disparity in incomes then alimony is
not an issue. The court will decide what is applicable based on the circumstances of both parties at the time of the divorce.
If the court instructs you to pay alimony, then you are obligated to pay the specified amount for a period of time that has been set forth by the judge.
We specialize in every area of family law, whether it relates to alimony, or your children, custody, or child support. We care about your situation and your case is important to use. If you have questions about your case, you can call and schedule a free consultation with one of our highly-trained attorneys.
Our firm specializes in all areas of family law relating to children, child support and custody. Your situation and your case are important to us. For questions about your particular case, please call and schedule a free consultation with one of our attorneys.
Call 732-414-6669 and get the legal advice you need.