In New Jersey, spousal support is the obligation of the higher-earning party to support the dependent party after a divorce or dissolution of a civil union. Regularly referred to as alimony, spousal support is intended to help a dependent spouse maintain the marital standard of living and become financially independent, if possible. Couples often find themselves litigating this matter because of disagreement as to what the other spouse deserves, or resentment at the idea of paying a spouse who might be viewed as having caused or contributed to the demise of the marriage. Whether one spouse was the breadwinner or both spouses worked outside the home for the family, if one spouse is considered dependent on the other, he or she may be entitled to some form of support. If divorce is in your future and you need effective and experienced legal services, contact the Morris County alimony attorneys here at Haber Silver Russoniello & Dunn.
Experienced Alimony Lawyers Serving Morris County and Beyond
Haber Silver Russoniello & Dunn has decades of experience representing clients facing a wide range of divorce-related issues, including hotly-contested disputes over alimony. Whether you’re seeking alimony or are being asked to pay it, you need a team of competent alimony Morris County attorneys in your corner who can effectively represent your interests. Fortunately, if you’re reading this, you’ve come to the right place.
Types of Alimony Available in New Jersey
It is important to note that unlike other forms of alimony, reimbursement alimony is generally not subject to modification once awarded. Alimony laws no longer allow for a support obligation to be designated as “permanent.” Below are the 4 categories of alimony that may apply to your situation.
- Open Durational Alimony
This form of support replaces what was once called “permanent alimony.” It applies to couples married or in a civil union for more than 20 years and provides support with no fixed end date.Open durational alimony continues until a valid reason for termination arises—such as the remarriage of the supported spouse—or when the Court finds that circumstances have changed enough to justify a modification or termination.Common reasons for modifying or ending this type of alimony include cohabitation, remarriage, disability, unemployment of the paying spouse, or the dependent spouse achieving financial independence. Importantly, courts do not require full-time cohabitation to make such a finding; they examine the overall nature of the relationship.
- Limited Duration Alimony
When a marriage or civil union lasts fewer than 20 years, New Jersey law generally limits alimony to a set period shorter than the marriage’s duration—unless extraordinary circumstances exist.The Court determines both the amount and the duration of this support, aiming to help the dependent spouse achieve financial independence. Like open durational alimony, this form can be modified or terminated based on changed circumstances, such as employment changes or significant life events.
- Rehabilitative Alimony
Designed for spouses who deferred their own career or educational pursuits to support their partner’s success or care for the family, rehabilitative alimony provides funds for education or vocational training.This support helps the dependent spouse improve earning capacity and re-enter the workforce. Learn more about rehabilitative alimony under New Jersey law.
- Reimbursement Alimony
This form of support reimburses one spouse for financially assisting the other in pursuing education or professional training during the marriage or civil union.Unlike other types of alimony, reimbursement alimony is typically not subject to modification once it has been awarded.
How Courts Determine Alimony in New Jersey
There are numerous factors the court will consider when making a decision that is fair and just to both parties, including the following:
- Open Durational Alimony
Replacing what was once called “permanent alimony,” this form applies to marriages or civil unions lasting more than 20 years. It provides support without a fixed end date and continues until a valid reason for termination arises—such as remarriage of the supported spouse—or when the Court finds that circumstances have changed enough to justify modification.Common reasons for modification or termination include cohabitation, remarriage, disability, unemployment of the paying spouse, or the dependent spouse becoming financially independent. Courts do not require full-time cohabitation; they evaluate the overall relationship.
- Limited Duration Alimony
For marriages or civil unions lasting fewer than 20 years, alimony is generally limited to a specific term that cannot exceed the length of the marriage unless extraordinary circumstances exist.The Court determines both the amount and duration, focusing on helping the dependent spouse achieve financial stability. This form of alimony can be modified or terminated if circumstances substantially change.
- Rehabilitative Alimony
Designed for a spouse who delayed career or education opportunities to support the other partner or the family, rehabilitative alimony provides funds for schooling or vocational training to increase earning capacity.Learn more about rehabilitative alimony under New Jersey law.
- Reimbursement Alimony
This form reimburses a spouse who supported the other’s education or professional training during the marriage or civil union.Unlike other alimony types, reimbursement alimony is typically not subject to modification once awarded.
The expected retirement of the supporting spouse, since New Jersey law presumes that alimony generally terminates when the payor reaches full retirement age, unless exceptional circumstances justify otherwise.
When Marital Misconduct Can Impact Alimony
Marital fault normally has little to no impact on divorce. Since the introduction of no-fault divorces, the court has generally avoided taking marital fault into consideration when hearing cases. In certain limited circumstances, however, extreme marital fault, such as one party’s substantial dissipation of assets or one party infecting the other with a sexually transmitted illness, might impact a Court’s determination of spousal support.
Speak with a Knowledgeable Morris County Alimony Attorney
When facing a contested divorce or dissolution of a civil union where alimony is an issue, it is important to discuss your legal situation with a knowledgeable legal team. Whether you are the party needing support or the one obligated to support, it is important that you retain quality legal services to protect your interests. For decades, Haber Silver Russoniello & Dunn has represented clients across New Jersey. We recognize the impact a divorce has on the individual and the family and we are ready to guide you through these tough times. For a consultation, contact the skilled Morris County alimony attorneys from Haber Silver Russoniello & Dunn.
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