Your divorce may mark the first time in a long time that you will have to be financially independent. While this may seem daunting, you may rest easier knowing that an alimony order may help you through this transition period. You may think that you are entitled to a certain amount of alimony, but this decision is ultimately up to the New Jersey family court in referencing existing statutes. With that being said, please continue reading to learn the difference between permanent and open durational alimony and how an experienced Morristown alimony lawyer at Graves Andrews, LLC can help you receive the best order for your situation.
What is the difference between permanent and open durational alimony in the state of New Jersey?
Permanent alimony is a type of spousal support plan in which payments are made to the lesser-earning spouse until the death of the paying spouse, the receiving spouse, or the remarriage of the receiving spouse. However, you must understand that permanent alimony is a concept that has been done away with in the state of New Jersey. That is, in 2014, a bill reformed switched the term “permanent alimony” with “open durational alimony.”
Now, open durational alimony is a type of spousal support plan in which payments are made to the lesser-earning spouse without a set end date. Though, it is common practice for the New Jersey family court to stop an open durational alimony order once the paying spouse reaches the full retirement age of 67. It is worth mentioning that this alimony type is usually granted to couples who underwent a marriage of 20 or more years or who have undergone other exceptional circumstances. For example, if the receiving spouse is still not of full retirement age, not financially independent, or earning a very low adjusted gross income.
What are the other types of alimony recognized in the state of New Jersey?
With permanent alimony no longer being an option, and with your circumstances not allowing you to qualify for open durational alimony, you may be looking at these other alimony types:
- Limited duration alimony: this type has payments made to the lesser-earning spouse involved in a shorter marriage until a predetermined end date has been reached.
- Rehabilitative alimony: this type has payments made to the lesser-earning spouse to support their schooling, vocational training, or otherwise path toward financial independence.
- Reimbursement alimony: this type has payments made to the spouse who provided financial assistance so that the other could obtain a professional degree or otherwise.
We understand just how pivotal your alimony arrangement may be for you. So please do not wait for another second. Retain the services of a skilled Morristown family law attorney from Graves Andrews, LLC. We look forward to working with you and taking on your case.
