What are the Different Types of Alimony in New Jersey?
New Jersey courts recognize that every couple’s situation is unlike the other. This is why there are many factors that determine alimony arrangements, and there are various types of alimony that can be ordered by a court. Contact our experienced New Jersey divorce attorneys today at Townsend, Tomaio & Newmark to discuss your case and your options.
How is alimony determined by New Jersey courts?
In the state of New Jersey, courts will consider a variety of factors when making alimony determinations. Courts will recognize that each couple has different circumstances and needs, which is why there is not a concrete formula that courts will go by. Instead, they will look at the following factors and weigh them as they see fit:
- The age and health of each spouse
- The earning capacity of each spouse
- The needs of the dependent spouse
- The length of the marriage
- The independent party’s ability to support the dependent party
- Whether the dependent party had a strong absence from the job
- If there are any tax implications from spousal support payments
- The equitable distribution of property
- Each spouse’s liability for any children they have
- The standard of living the couple placed during their marriage
- If there is any income available from investments
What are the different types of alimony in New Jersey?
As previously stated, not all situations are the same, which is why courts weigh a number of different factors when determining these arrangements. Additionally, there are several types of alimony that a court can choose from that is dependent on each couple’s needs and capabilities. The various types of alimony include the following:
- Open Durational Alimony: This refers to alimony ordered for couples who were married or in a civil union for more than 20 years. In this case, there is no end date to the payments until there is a legitimate reason to terminate, such as cohabitation, remarriage, if the spouse paying becomes disabled or unemployed, or if the dependent spouse becomes independent.
- Limited Duration Alimony: A court may order this for couples who were married or in a civil union for less than 20 years. These payments are typically not be made longer than the length of the marriage/union. Termination may also be allowed in the event of a change in either party’s financial situation.
- Rehabilitative Alimony: Here, if the dependent spouse puts off a career to support their partner and family, this alimony may be owed so that they can continue schooling or training to get back in their field.
- Reimbursement Alimony: This kind reimburses a former spouse if they financially supported their partner’s education or training.
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