What Are the Different Types of Alimony in New Jersey?

For many couples, divorce is an incredibly emotional matter that can completely blindside you. However, it’s imperative to understand that there are also several legal and financial matters you must take into consideration during this process, as making errors can impact your finances for years to come. One of the most contentious financial matters to arise during this matter is alimony, as many paying spouses feel payments are too high, while recipient spouses may believe them to be too low. As such, understanding how the courts determine spousal support matters is critical. The following blog explores these matters, as well as the different types of alimony that can be awarded, and the importance of working with New Jersey alimony attorneys during these complicated times.

How Is Alimony Determined?

There are many misconceptions regarding alimony payments in New Jersey, as many assume that the lower-earning spouse will automatically receive support. However, if a spouse wishes to receive alimony, they must request it as part of their divorce petition or response. Even after petitioning for alimony, the judge assigned to the case will examine a number of factors to determine if alimony payments are necessary, and if so, how much the monthly amount should be.

As such, the court will examine the following circumstances when determining matters related to alimony:

• The age and health of each spouse
• The income and earning capacity of each spouse
• The standard of living established during the marriage
• The length of the marriage
• If one spouse gave up their career to become a stay-at-home-parent
• The training and education necessary for the spouse to re-enter the workforce

Are There Different Types of Alimony Available?

Just as the courts will examine a number of circumstances to determine when alimony payments are necessary during a divorce, they must also determine what kind of alimony is best for the circumstances of the couple. Alimony is not one-size-fits-all, as the court understands that different couples have different financial needs. As such, there are generally four kinds of alimony the courts can award in a divorce.

The first is rehabilitative alimony. These payments are intended to help support the recipient spouse while they receive the education or training necessary to enter the workforce. On the flip side, the court can order reimbursement alimony, which helps repay a spouse for their financial support if the other spouse obtained a degree during the marriage, funded by their spouse.

The other two types of alimony are more general. The first is limited durational alimony, which is awarded for a specific amount of time but is not intended to last until a spouse has finished schooling. This is a general support option and is commonly awarded. There is also open durational alimony, which is incredibly uncommon. This is a long-lasting payment that is granted when a couple who has been married for a considerable amount of time files for divorce, and the recipient spouse likely will be unable to support themselves at any point.

Navigating alimony can be incredibly complicated, regardless of whether you are seeking alimony or paying it. As such, working with an experienced family law attorney with Haber Silver Russoniello & Dunn is in your best interest, as we can help ensure these payments are fair. Contact our team today to discuss your circumstances and learn how we can fight for you during these difficult times.