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A wooden gavel lies next to a stack of US hundred-dollar bills on a dark surface, symbolizing the intersection of law and finance in the context of New Jersey alimony.

What Are the Types of Alimony in the State of New Jersey?

For many spouses, alimony is one of the most contentious matters in a divorce. However, regardless of your personal opinions on the matter, if there is a court order that requires you to make payments, you must oblige. However, it’s also important to familiarize yourself with the different types of alimony that may be awarded if you and your spouse are currently filing for divorce. The following blog explores what you should know about these matters, including the importance of contacting an experienced Ocean County alimony attorney to learn about your legal options.

What Is Alimony in New Jersey?

Alimony, also referred to as spousal support or maintenance, is a payment made from one spouse to another following a divorce. In general, the purpose of alimony is to help the lower-earning spouse maintain a reasonable standard of living similar to what they experienced during the marriage.

It is important to understand that alimony is not automatically awarded to the lower-earning spouse. If one party wishes to receive spousal support, they must request it when filing for or responding to the divorce. Even so, the courts will consider a number of factors before granting an alimony request.

How New Jersey Law Determines Alimony

As mentioned, courts in Ocean County and throughout New Jersey will consider a number of factors when determining whether or not to award alimony, how much of each payment, and how long alimony will last. Under N.J.S.A. 2A:34-23, the court will consider:

  • The age and health of each party
  • The income and earning capacity of each party
  • The need of the recipient spouse
  • The ability of the paying spouse to make payments
  • The length of the marriage
  • Employment history and time away from the workforce
  • The standard of living established during the marriage
  • Property distribution outcomes
  • Financial and domestic contributions to the marriage
  • Parental responsibilities

Types of Alimony Available in New Jersey

Alimony payments are not one-size-fits-all. As such, New Jersey law recognizes four primary types of alimony payments.

Open Durational Alimony

Enacted to replace “permanent” alimony in 2014, open durational alimony has no fixed end date. However, if remarriage, cohabitation, retirement, or other substantial changes occur, it may be:

  • Modified
  • Terminated
  • Reduced

Open durational alimony is most common in marriages that lasted more than 20 years, in which one party cannot become self-supporting. This is most common in marriages where one party remains home to raise a family, while the other remains in the workforce. As such, when this couple divorces, the parent who stayed home may not have the ability to obtain employment.

This allows long-term financial support while the ability to modify payments remains viable.

Limited Duration Alimony

This type of alimony is often awarded in marriages that lasted less than 20 years as a form of transitional support. As such:

  • The duration of the alimony is generally not longer than the length of the marriage
  • The court will consider the length of time needed to work towards self-sufficiency

As such, this provides financial support for a defined period of time, in which the receiving spouse will strive to become financially independent.

Rehabilitative Alimony

When a spouse holds off their career to support their family, the court may order alimony to allow this party to receive the education or job training necessary to become self-sufficient. As such:

  • The court will require a plan, including a timeline and employment steps
  • This is often a short-term option until the spouse can financially support themself

Reimbursement Alimony

If one spouse financially supported the other’s education or training, this type of alimony reimburses them for the cost. This is often awarded in the event that shared future earning capacity is expected

Pendente Lite Alimony

This form of alimony is different from the others, as it is a temporary support order issued during a divorce as opposed to after. As such, this support will end once the divorce is finalized, at which point the court may issue new alimony orders, effectively converting the payment to a different type.

How Long Does Alimony Last in New Jersey?

In general, alimony payments in Ocean County will depend on the length of your marriage. As such:

  • Marriages under 20 years: Alimony typically cannot exceed the length of the marriage
  • Marriages over 20 years: Open durational alimony may continue indefinitely

It’s important to understand, however, that termination of alimony may be possible earlier than the fixed end date or for open durational orders in the event of remarriage, cohabitation, illness, or retirement.

Contact Our Experienced Ocean County Divorce Firm

Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. Not only is your financial well-being at stake, but in a divorce, both you and your children’s emotional well-being are at risk as well. If you need a divorce and family law attorney in Ocean County, New Jersey, please do not hesitate to contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.

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