When parties go through the process of divorce, spousal support is often a hot topic. Spousal support, also referred to as alimony, is not always justified depending on the circumstances of the marriage. People who are getting divorced often misunderstand the terms of alimony. When New Jersey once provided certain couples with permanent alimony, things have changed and the state’s alimony laws are a bit different. Divorcing couples should consider what type of spousal support is appropriate for their situation. The four types of alimony are open-durational, limited duration, rehabilitative, and reimbursement. Contact Mattleman, Weinroth & Miller to discuss your legal matter.
Spousal Support Options in New Jersey
Open-Durational Alimony: In 2014, New Jersey replaced permanent alimony with open-durational alimony. It can be adjusted or terminated if either party’s income or circumstances change significantly. Usually, open-durational alimony is awarded when the marriage lasted at least 20 years and one spouse cannot reasonably maintain the standard of living that was established during the marriage without the financial support of the other. Commonly, this type of alimony will be awarded when both parties were working at the start of the marriage and one party ended employment to stay at home to take care of the children as the other party’s career progressed and flourished. In most cases like this, the parent who stayed at home cannot be expected to progress to the financial stability of the working parent and will not be able to maintain the standard of living the marriage established without support.
Limited-Duration Alimony: People who get divorced after short-term marriages or marriages where one spouse will be able to reasonably progress to the established standard of living with limited financial support may be entitled to limited duration alimony. Limited duration alimony is financial support for a pre-determined period of time while the previously dependent party establishes an even capacity to earn.
Rehabilitative Alimony: Similar to limited duration alimony, rehabilitative alimony is set for a limited time period. This is implemented when one spouse would need financial assistance to continue education, start a business, or begin other ventures that will establish the standard of living they became accustomed to during the marriage. This alimony usually ends once they are able to establish steady income in the time allotted for the financial support.
Reimbursement Alimony: In some cases, a spouse might work in order to support the other while they gain higher education or start a business. As both partners worked towards one goal, it is reasonable to consider them both entitled to the same financial benefit of the education or business venture. Reimbursement alimony is the repayment of financial support for the time and expenses during the marriage where one supported the other in the venture where both would have profited.
Contact Our Firm
If you have questions about alimony in New Jersey, MWM is here to assess your situation and guide you towards a successful outcome. With convenient locations in Cherry Hill and New Brunswick, New Jersey, we are strategically situated to serve clients across the state. Contact us for a consultation at our New Jersey Office Location.