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Category Archives: Divorce

Types of Alimony in New Jersey

Morris County NJ Alimony AttorneysAlimony is a form of payment made from one ex spouse to another for a variety of considerations. Judges may factor in the length of a marriage, the education, earning capacity, and employability of both spouses, the age and health of each party, and more when determining the amount and type of alimony to be paid. In New Jersey, there are several different types of alimony dependent on each unique situation. Today, our divorce attorneys will review the types of alimony available and when each comes into play.

Call our office today for a free and consultation with a member of our legal team if you have any questions or concerns about alimony, divorcealimony modificationsalimony enforcement, or temporary alimony during divorce.

Morris County, NJ Alimony Attorneys Define “Open Duration Alimony”

In 2014, “permanent alimony” was legally renamed “open duration alimony”. This change was partially made to clear up the potentially confusing use of the word permanent, which was in many ways not accurate. Open duration alimony has no set time frame. This is in contrast to all other forms of alimony, which have distinct end dates.

Pursuant to 2014 New Jersey Alimony Reform, in order for an ex spouse to be eligible for open duration alimony, the marriage must have lasted 20 or more years. As with many alimony agreements, open duration agreement may be modified or even terminated based on extreme changes in circumstance such as illness, retirement, loss or gain or property, and more.

Limited Duration Alimony: Chester Divorce Lawyers

Limited duration alimony is the most common form of alimony in New Jersey. For marriages lasting less than 20 years, this is the standard type of alimony agreement. As the name implies, these agreements do come with a finite time frame. Limited duration agreements may be beneficial to both parties, as they are able to financially plan for the total sum of money which will be changing hands over a pre-determined amount of time.

In fact, it is common for both parties to agree to an early buyout of the agreement to simplify matters. Not only is this an attractive possibility for the financial standpoint, but it is also an opportunity to sever all ties to an ex spouse when that is desired. Much like open duration alimony, limited duration alimony agreements are able to be modified under certain circumstances.

Mendham Alimony and Divorce Attorneys Discuss Other Types of Alimony

Temporary Alimony – during a divorce, alimony may be paid on a temporary basis in one of two ways: “pendente lite” or through a court order. Pendente lite is a latin term meaning “pending litigation”. In other words, if a divorcing couple is able to reach an agreement without litigation, they may do so on a temporary basis until the marriage is finalized.

Rehabilitative Alimony – for marriages which lasted a shorter amount of time, generally between three (3) and six (6) years, rehabilitative alimony may be used to allow an ex spouse the opportunity to prepare him or herself for life as a non-married person. This frequently includes considerations for education such as college, trade school, community college, or other career training. Rehabilitative alimony agreements are not eligible for modification.

Reimbursement Alimony – in the situation where a spouse has sacrificed career or educational advancement in order to assist the other spouse with their goals, reimbursement alimony may come into play. The amount and duration are determined on a case-by-case basis.

Contact our Morristown Alimony Attorneys Today for a Free and Confidential Consultation

The divorce attorneys of Townsend, Tomaio & Newark practice exclusively divorce and family law for our clients across New Jersey towns including Chester, Morris Township, Chatham, Mendham, Morristown, Harding, and the greater Morris County region. Our legal team is led by three partners who are all Certified Matrimonial Lawyers, a distinction granted by the New Jersey Supreme Court. Lean on our experience and intimate knowledge of local family law to seek an amicable and successful resolution to your divorce or alimony dispute.

Contact us online or through our Morristown offices by calling (973) 828-0829 today for a free and confidential consultation regarding your alimony, divorce, child custodychild support, or any other family law legal matter.

Cohabitation; Post-Divorce Modifications and Agreements

Increasingly, adults are choosing to enter into “marital-style” relationships while remaining legally unmarried. This kind of relationship is referred to legally as “cohabitation”, and cohabitation can have a number of implications to existing divorce agreements such as alimony and child support. These implications come in the form of post-divorce modifications, specifically in the way that… Continue Reading

How Much Will My Divorce Cost?

Understandably, one of our Morris County divorce clients’ main concerns is that of the cost of their divorce. Unlike personal injury law for example, where most attorneys work on a contingency fee basis, New Jersey Court Rules prohibit divorce attorneys from charging their clients in such a fashion. This means that divorce attorneys instead need… Continue Reading

Divorce: Changing Your Perspective and Improving Your Life

While the word “divorce” certainly carries a somewhat negative connotation in our society, the fact of the matter is that a divorce is often an extremely healthy thing for a person involved in an unhappy or angry relationship to pursue. Certainly, some divorces will be “easier” than others depending on the method used (alternative dispute… Continue Reading

The Pitfalls of Collaborative Family Law

Thanks to the 2015 amendment to Court Rule Court Rule 5:4-2, it is now not only mandatory that parties filing for/receiving a divorce complaint be notified as to the availability of the Alternative Dispute Resolution (ADR) methods of mediation and arbitration, but now mandatory that the ADR method of collaboration also be included in this list. While we… Continue Reading

Should I Try to Save My Marriage, or File for a Divorce?

When working with our Morris County divorce clients, one of the most common questions they have for us is if we think they should actually pursue a divorce, or try to save their marriage. Unfortunately, there is usually no easy or one-size-fits-all answer to this question. Of course, if one partner has a new romantic… Continue Reading

Arbitration in Family Law Disputes

The Alternative Dispute Resolution (ADR) method of arbitration is quickly becoming a very popular way to resolve not only divorces and their related issues of child custody, child support, alimony, and marital asset division, but also to resolve almost any other family law dispute as well. When it comes to ADR methods, arbitration stands out… Continue Reading

Temporary Child Custody during Divorce

While one of the most important agreements you will need to reach during your Morris County divorce is that of a child custody and visitation agreement, many times how child custody should be handled during the divorce itself is unclear for the parents, or in dispute. When this is the case, either parent may file… Continue Reading

Child Custody Alternative “Bird’s Nest Custody”

One of the most difficult things for parents to do during any divorce or divorce mediation is to find a balance between sharing custody of their children, and helping their children to have a stable and manageable schedule when it comes to moving between the homes of their parents. However, a new alternative method of… Continue Reading

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