If you are getting divorced, you are most likely wondering whether you are entitled to receive alimony payments or if you will be obligated to make alimony payments. The answer to this question will largely depend on the financial and other circumstances of your marriage. Please continue reading and reach out to a Bergen County alimony lawyer from our firm to learn more about the different types of alimony in New Jersey and how NJ courts determine alimony agreements.
Types of Alimony in New Jersey
There are four main types of alimony in New Jersey. They are as follows:
- Open Durational Alimony: Open durational alimony is often awarded to financially dependent spouses who have been married for at least 20 years. Open durational has no set end date, however, that does not mean it is permanent. If someone receiving open durational alimony retires or becomes financially independent, alimony may be reduced or terminated altogether.
- Limited Duration Alimony: When a couple divorces after being married for less than 20 years, the court may order the financially independent spouse to pay limited duration alimony. In this case, the judge or arbitrator will determine the duration of the alimony period. The duration of alimony seldom exceeds the duration of the marriage.
- Rehabilitative Alimony: When one spouse leaves his or her job or defers his or her life goals to support the other spouse, he or she may receive rehabilitative alimony to support them while they seek education or re-training to advance their earning potential.
- Reimbursement Alimony: If you paid for your spouse’s expenses or otherwise financially supported them while they went to school or other training and you now are getting divorced, you may be eligible for reimbursement alimony.
Additional Factors Considered
Courts will consider a wide array of additional factors when determining alimony, including the following:
(1)The actual need and ability of the parties to pay;
(2)The duration of the marriage or civil union;
(3)The age, physical and emotional health of the parties;
(4)The standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living, with neither party having a greater entitlement to that standard of living than the other;
(5)The earning capacities, educational levels, vocational skills, and employability of the parties;
(6)The length of absence from the job market of the party seeking maintenance;
(7)The parental responsibilities for the children;
(8)The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income;
(9)The history of the financial or non-financial contributions to the marriage or civil union by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities;
(10) The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair;
(11) The income available to either party through investment of any assets held by that party;
(12) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment;
(13) The nature, amount, and length of pendente lite support paid, if any; and
(14) Any other factors which the court may deem relevant.
If you have any further questions or you are about to get a divorce, speak with our experienced Bergen County family lawyers today. We are here to help.
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