If you are facing a divorce and require alimony, it is important to understand the different types of alimony that are offered in New Jersey. New Jersey, including Morris County, recognizes four types of alimony, each with special features designed to help provide support to a spouse based on their circumstances. Understanding the types of alimony and how the courts determine which option to award can help you better prepare for your financial future. To learn the four primary types of alimony available to financially dependent spouses, continue reading and reach out to our experienced Morristown alimony lawyer.
What Is Alimony in New Jersey?
Alimony is meant to be used as a means of financial support to assist a former spouse until they are able to become financially independent. When determining alimony payments, New Jersey courts will consider the duration of the marriage as well as other factors.
It’s imperative to understand that New Jersey does not award alimony that is “permanent”. As of a 2014 legislative change, what used to be referred to as “permanent” alimony has become open-durational alimony. This essentially allows the court to order indefinite payments that may be modified or terminated at a later date.
Factors Considered by the Courts When Awarding Alimony
- Both spouses’ age and health
- Both spouses’ yearly salaries or income
- The earning capacity of both spouses
- The standard of living established in the marriage
- Child custody and support arrangements, if applicable
- Any other factor that the court deems relevant
The Four Types of Alimony in New Jersey, Explained
New Jersey, as mentioned, has four types of alimony available. Each option is designed for specific financial and marital circumstances. It’s important to understand that, while local procedure will vary depending on the county your case proceeds through, the courts across New Jersey, including the Morris County Superior Court, will adhere to the same statutory considerations when determining alimony in New Jersey.
Open-Durational Alimony
Open durational alimony is a long-term support option generally reserved for marriages that lasted 20 or more years. This type of alimony calls for regular payments without a predetermined end date. Open-durational alimony can be modified at any time if there is a significant or continuing change in the payor’s or payee’s financial situation.
Limited-Duration Alimony
Limited-duration alimony is generally awarded to spouses who are married for a shorter period of time. This type of alimony payment is essentially an alimony structure with a predetermined end date. The courts will allow one spouse to receive limited-duration alimony to become financially independent, depending on the duration of the marriage and other factors.
Rehabilitative Alimony
Rehabilitative alimony is a short-term alimony arrangement that is designed to give the financially dependent spouse a chance to pay for vocational training or schooling to assist them in reaching financial stability after the divorce.
Reimbursement Alimony
Reimbursement alimony is a financial compensation award that allows a spouse who supported their partner’s education or career during the marriage to receive support following the divorce.
How Long Does Alimony Last in New Jersey?
The duration of alimony will depend on the type of spousal support awarded and the specific circumstances of your marriage. It’s important to understand that some forms have more defined timelines, while others are much more flexible.
Typical Duration Considerations
- Open-durational alimony: May continue indefinitely, but can be modified
- Limited-durational alimony: Typically cannot exceed the length of the marriage
- Rehabilitative alimony: Ends following the completion of the course or training
- Reimbursement alimony: Generally paid as installments over time
Can Alimony Be Modified in New Jersey?
Yes, spousal support in Morris County and throughout New Jersey may be modified if there is a significant change in circumstances. It’s important to understand that the court will only change an order if the petitioning spouse can prove that there is a valid and long-term need for a modification. The court will not modify orders that will be impacted by short-term issues or simply because one spouse disagrees with the outcome.
Common Reasons for Alimony Modification
- Job loss or substantial decrease in income
- Disability or chronic injury impacting the ability to work
- Remarriage or cohabitation of the recipient spouse
- Retirement of the paying spouse
Contact Our Experienced Morristown Divorce Firm
Graves Andrews, LLC is an experienced Morris County family law & criminal defense law firm serving all of New Jersey. Contact Graves Andrews, LLC to schedule an initial consultation to learn more about our services and how we can assist you. Reach out to our experienced attorneys today to get started.