Whether you expect that you’ll be seeking alimony or that you’ll be ordered to pay it as you divorce, it’s important to know not just what factors are considered in determining the amount (like both spouses’ income, earning potential, assets, health and age) but what types of alimony are available under New Jersey law.
Let’s take a brief look at the types of alimony recognized under New Jersey law.
Limited durational alimony
This is alimony that’s ordered for a specified period. It’s typically based on how long it should take for the recipient spouse to be able to support themselves. The maximum duration is the length of the marriage.
Rehabilitative alimony
This is similar to limited durational alimony. It’s used to give the recipient spouse time and financial support to get the training and/or additional education they need to become self-supporting.
This type of alimony can have a specified duration. It can also be paid in a lump sum if a spouse needs money up-front to pay tuition to return to school or perhaps to relocate. It’s always wise, however, to review the pros and cons of receiving lump-sum alimony – assuming the other spouse has the funds available.
Open durational alimony
This is the closest thing New Jersey has to permanent alimony. It’s typically limited to those who have been married for more than 20 years. As the name implies, there’s no set duration. A change in financial circumstances, like the paying party’s retirement, can be grounds for a modification or end to it.
Reimbursement alimony
Despite the name, this isn’t traditional alimony. It’s generally ordered when one spouse seeks reimbursement of money they spent on behalf of the other spouse. Maybe they paid off their student loans, for example. A spouse may also seek reimbursement by way of a larger share of the couple’s assets in their property division agreement.
Pendente lite alimony
If one spouse needs support after the separation but before the final divorce agreements, including the support order, are worked out, they can seek pendente lite alimony. The amount is based solely on what the lower-earning spouse needs to have roughly the same standard of living as the higher-earning spouse while the divorce is in progress.
It’s a lot to think about. With experienced legal guidance, whichever side of the support order you’re on, you can protect their right to a fair support agreement. If and when the time comes, you can also seek a modification to that agreement.