For spouses going through a divorce, the issue of alimony and spousal support is common. However, many people do not realize that there are actually five types of alimony agreements pursuant to New Jersey divorce law. In addition to common limited duration alimony and open duration alimony, there is also reimbursement alimony, temporary alimony during divorce, and rehabilitative alimony.
Today, our alimony attorneys will define rehabilitative alimony. We will discuss how it can fit into a larger overall alimony agreement and outline some scenarios and potential complications which may come into play.
Morris County, NJ Divorce Attorneys Define Rehabilitative Alimony
Of the five types of alimony, rehabilitative alimony and reimbursement alimony are the most specific. Rehabilitative alimony is generally awarded for short-term marriages. It allows financial consideration for a spouse who may not be prepared for life as a financially independent individual. While there is no hard and fast rule, rehabilitative alimony is awarded most frequently when marriages lasted between three (3) and six (6) years. Your Morris County divorce attorney may recommend rehabilitative alimony when a spouse needs short-term financial assistance to help get back on their feet.
Another part of why rehabilitative alimony is so specialized comes down to how the money is meant to be spent. Rehabilitative alimony is intended to improve the recipient’s employability. This includes improving their level of education or level of training. Support payments are commonly used to:
- Enroll in higher education courses at trade schools.
- Attend universities or community colleges.
- Pursue a professional certification.
In other words, rehabilitative alimony payments are intended to help a former spouse prepare for or improve his or her career.
Can I Receive More than One Form of Alimony in New Jersey?
Our Morris County alimony and spousal support attorneys have seen cases where multiple forms of alimony were awarded within a single agreement. It is possible for a former spouse to receive both rehabilitative alimony and reimbursement alimony or limited duration alimony. However, it is much less likely that an agreement would contain terms for both rehabilitative and open duration alimony.
The purpose of rehabilitative alimony is to provide the recipient with the opportunity to make enough money to no longer require support. Combining this with a more permanent open duration alimony typically makes little sense. Finally, temporary alimony is considered on its own. These temporary agreements terminate upon the finalization of your divorce. The nature of your alimony agreement will reflect the unique nature of your marriage and your divorce.
Chester Rehabilitative Alimony Lawyers Discuss Extension of Alimony
The purpose of rehabilitative alimony is to allow a dependent spouse the opportunity to improve their career and finances. This begs the question: what if the rehabilitation period is unsuccessful? In some cases, even after the period has ended, the receiving party may still be in financial need. In these cases, your Chester rehabilitative alimony lawyer may recommend a course of action based on the reason why the period was ineffective.
Let us take two common examples:
Scenario A: The Recipient Squanders the Alimony Payments
First, consider a scenario where the dependent party chooses to spend alimony payments on items unrelated to career advancement. In this case, a request to extend alimony payments will almost certainly be denied. The recipient did not take advantage of the opportunity given to them through rehabilitative alimony.
Scenario B: The Recipient Completes Training but is Still Struggling
On the other hand, it is quite possible that the recipient made a wholehearted effort through schooling, training, or certification, but is still having a difficult time finding appropriate employment. In this situation, it is possible for alimony to be extended as necessary to accommodate further training or education.
Contact our Morristown Rehabilitative Alimony Attorneys Today
The alimony and spousal support attorneys of Townsend, Tomaio, Newmark & Clancy take pride in protecting the legal rights of clients from local Morris County communities. These include Harding, Mendham, Morris Township, Morristown, Chester, Chatham, and all of Northern New Jersey.
Our experienced legal team focuses exclusively on divorce and family law matters. This focused perspective allows us to provide ethical, high-quality, and up-to-date legal service. We handle all manner of family law and divorce legal concerns including alimony, child custody, child support, marital agreements, and domestic violence.
Please contact us online or call our Morristown, NJ office today at (973) 840-8970 for a free and confidential consultation with a member of our qualified legal team.
