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Are There Different Types of Alimony in NJ?
New Jersey law considers various factors when determining the type, amount, and duration of alimony, making each divorce case unique. Understanding the different types of alimony that may be awarded is crucial. Consulting a skilled Ocean County Alimony Attorney is essential to evaluate your rights and to navigate the complexities of alimony calculation for an equitable resolution.
What is Alimony?
Alimony, also known as spousal support or maintenance, serves to provide financial support to a lower-earning spouse, enabling them to become self-sufficient or maintain a reasonable standard of living following a divorce. The duration and amount of alimony awarded are determined by various factors, including:
- The duration of the marriage
- The age and health of each spouse
- The standard of living established during the marriage
- The income and earning capacity of each spouse
- The dependent spouse’s need for education or training
- The dependent spouse’s deferred life goals
- The contributions each party made to the marriage
- Child support obligations
- Any tax consequences
- Any other factors deemed relevant by the court
Contrary to popular belief, alimony is not automatically awarded to the lower-earning spouse. To receive alimony payments, you must petition the court and demonstrate your need for financial support, as well as the other spouse’s ability to afford it.
What Are the Different Types of Alimony That Can Be Ordered in NJ?
In New Jersey, alimony may be awarded in the form of temporary or post-divorce maintenance to address different financial circumstances arising from the dissolution of a marriage. It’s important to understand that New Jersey law underwent alimony reform in 2014, effectively eliminating permanent alimony, which was not intended to be indefinite. The length of the marriage remains a critical factor in alimony determinations. The state currently recognizes four types of alimony that courts may award depending on the unique circumstances of each case:
- Open durational alimony: This type of alimony is typically awarded in marriages exceeding 20 years, replacing permanent alimony, offering support without a fixed termination date. While not technically permanent, it continues indefinitely unless circumstances warrant termination, such as remarriage.
- Limited duration alimony: This type of alimony is awarded for marriages lasting under 20 years, ordered for a defined period. It’s generally awarded to provide support for a set time while the recipient works towards becoming self-sufficient. Limited duration alimony is terminated upon reaching this date unless the supported spouse argue for an extension.
- Rehabilitative alimony: This type of alimony aims to provide financial support to a spouse who needs to acquire education or job training to become self-supporting. It’s typically awarded if a spouse postponed their own career goals or left the workforce to support their partner’s professional advancement.
- Reimbursement alimony: This type of alimony is awarded to compensate a spouse for the financial contributions that were made to the other party’s education, career advancement, or other significant financial expenses during the marriage.
If you have any questions or concerns regarding alimony determinations in New Jersey, please don’t hesitate to contact an experienced attorney from the Law Offices of Sarina Gianna, LLC. Our legal team is prepared ot help you navigate the complexities of alimony calculations and advocate for a fair outcome. Connect with our firm today to explore your legal options.