Reviewed by John E. Clancy, ESQ.
Key Takeaways
- New Jersey no longer has “permanent alimony.” A 2014 reform replaced it with open durational alimony, so older material referring to permanent alimony is out of date.
- The statute provides four types: open durational (marriages of 20+ years), limited duration (shorter marriages, capped at the length of the marriage), rehabilitative, and reimbursement alimony.
- Rehabilitative alimony is short-term support to help a dependent spouse get the education or training needed to become self-supporting, usually with a rehabilitation plan.
- More than one type can be awarded together, and rehabilitative alimony may sometimes be extended if a genuine effort to become self-supporting falls short.
For spouses going through a divorce, the issue of alimony and spousal support is common. New Jersey law provides for several types of alimony, each suited to a different situation. In accordance with New Jersey law, N.J.S.A. 2A:34-23, there are four primary types of alimony that may be awarded in a divorce: open durational, limited duration, rehabilitative, and reimbursement alimony. A 2014 reform eliminated permanent alimony, ultimately replacing it with open durational alimony, which is typically only available in marriages lasting 20 or more years. In marriages lasting less than 20 years, alimony typically cannot exceed the length of the marriage. Rehabilitative alimony is a short-term form of support that can help a dependent spouse receive the training or education necessary to become self-sufficient. Our Morris County alimony attorneys can help you understand your options.
What Are the Types of Alimony in New Jersey?
First and foremost, it is critical to understand that, as of a 2014 alimony reform, “permanent alimony” is no longer available in New Jersey. Instead, this option has been replaced by “open durational alimony.” As such, any material that references permanent alimony is out of date. As such, New Jersey’s alimony statute, N.J.S.A 2A:34-23, provides four types of alimony.
- Open durational alimony: Typically only available when a marriage has lasted more than 20 years. This type of alimony does not have a fixed end date.
- Limited duration alimony: Generally awarded for marriages lasting less than 20 years. In these cases, alimony generally cannot last longer than the length of the marriage itself.
- Rehabilitative alimony: This is a type of short-term alimony that is intended to help the recipient spouse obtain the education or training necessary to become financially self-supporting.
- Reimbursement alimony: This is alimony awarded to act as repayment to a spouse who supported the other’s education or training during their marriage.
It’s also important to understand that, in addition to these four primary forms of alimony, the court may also order temporary support during the divorce process. This is known as pendente lite alimony. This is a temporary support that is considered by itself and will ultimately be terminated when your divorce is finalized. Additionally, at this point, the court may implement long-term alimony.
A Closer Look at Rehabilitative Alimony
Of these types, rehabilitative alimony and reimbursement alimony are the most specific in purpose. 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. In fact, New Jersey courts generally require the recipient to present a rehabilitation plan that outlines the steps and expected time frame to reach financial self-sufficiency. 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 durational 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 more long-term open durational alimony typically makes little sense. 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. Please contact us online or call our Morristown, NJ office today for a free and confidential consultation. You can also learn more through the New Jersey Courts self-help resources.
