When many couples go through a divorce, one of the financial considerations that will take place is whether one spouse will be responsible for paying alimony to the other. Alimony is financial support that allows the recipient spouse to maintain his or her lifestyle after the divorce. Alimony recipients are happy to get spousal support, while alimony payees are usually unhappy to pay spousal support after a divorce.
How Is Alimony Determined?
In New Jersey, alimony determinations do not follow a specific formula or calculation – no two alimony cases are exactly the same. Instead, the court decides which spouse will receive alimony, and how much that spouse will receive, by weighing a number of factors between the spouses. These factors include:
- Which spouse is requesting alimony support.
- What the requesting spouse’s financial needs are.
- The payee spouse’s ability to pay alimony.
- How long the marriage lasted.
- Each spouse’s parental responsibilities.
- The couple’s standard of living during the marriage.
- Each spouse’s earning potential, income, education level and work experience.
- Each spouse’s age.
- Each spouse’s physical and emotional health.
- Whether the requesting spouse requires education or job training to become self-supporting.
- Each spouse’s financial and non-financial contributions to the marriage.
Types of Alimony
The court will decide, based on the factors discussed above, what type of alimony is most appropriate in a given situation. Alimony, under N.J.S.2A:34-23, can take one of several forms, including:
- Permanent alimony. Permanent alimony, which is now called open durational alimony, lasts indefinitely, but can be modified if either spouse experiences a significant change in circumstances or the recipient spouse becomes remarried. This is becoming a less popular form of alimony awarded by judges in New Jersey as the courts are giving more weight to the financial independence and professional success of women.
- Limited duration alimony. Limited duration alimony often lasts longer than just the divorce proceeding, but does have a definitive end date. It is usually awarded to a spouse who needs to get on their feet financially.
- Reimbursement alimony. Reimbursement alimony is awarded to spouses who supported their spouse during the marriage while that spouse earned an education. The recipient spouse intended to reap the benefits of his or her sacrifice during the marriage, but in light of the divorce, will not get to enjoy their spouse’s increased earning potential.
- Rehabilitative alimony. Rehabilitative alimony is paid to a spouse who delayed their education in order to support their spouse and/or raise children during the marriage. It is usually awarded to a spouse who needs to get on their feet financially, i.e., needs to get an education or training to become self-supporting. This form of alimony requires the recipient spouse to provide an outline and time frame for how the alimony will be used and for how long the alimony should last.
Contact A New Brunswick Alimony Attorney
Alimony is an issue that arises in many divorces, and many divorcing spouse want to know how much alimony they may have to pay or how much alimony they may receive after their divorce. The alimony lawyers at The Law Office of Steven M. Cytryn can help you handle your alimony case and any other family law matters that you might have. Contact us by either calling 732-214-1103 or by completing our convenient online form.
