Understanding alimony, also known as spousal support, is crucial when navigating your divorce in New Jersey. These terms refer to the financial support one spouse may be required to provide to the other after the marriage has ended. This support aims to prevent any unfair economic disadvantage due to the divorce, ensuring both parties can maintain a standard of living similar to what they had during the marriage.

Are There Different Types of Alimony?

New Jersey recognizes several types of alimony, each serving a different purpose:

• Open Durational Alimony: This type of alimony has no set end date and usually applies to marriages over 20 years. The payer must continue payments until the court orders otherwise or certain events, such as the recipient’s remarriage or death, occur.
• Limited Duration Alimony: Courts award this type of alimony when the marriage lasts for a shorter period, typically less than 20 years. Payments continue for a set duration, and the court will determine the amount based on the recipient’s needs and the payer’s ability to pay.
• Rehabilitative Alimony: This temporary support aims to help the recipient become financially independent. It covers the time the recipient needs to obtain education or training to improve their earning potential.
• Reimbursement Alimony: This alimony reimburses a spouse for contributions made during the marriage that benefited the other spouse. For example, if one spouse supported the other through college or professional school, the court may award reimbursement alimony to compensate for that support.
• Temporary Alimony (Pendente Lite): This alimony provides financial support during the divorce process, ensuring both parties can maintain their standard of living until the divorce is finalized.

How Is Alimony Determined?

In New Jersey, the court considers various factors when determining alimony, including but not limited to the following:

• The Length of the Marriage: Longer marriages often result in longer or more substantial alimony awards.
• The Age and Health of Both Parties: The court will consider whether either party has health issues that affect their ability to work.
• The Standard of Living During the Marriage: The goal is to allow both parties to maintain a similar standard of living post-divorce.
• The Earning Capacities of Both Parties: This includes current earnings, education, job skills, and work experience.
• Parental Responsibilities: If one party has primary custody of the children, this may affect their ability to work full-time, impacting the alimony decision.
• The Financial and Non-Financial Contributions to the Marriage: This includes contributions as a homemaker.
• The Time Needed for the Recipient to Become Self-Sufficient: The court will consider how long the recipient needs to acquire education or training for financial independence.
• The Tax Consequences of Alimony: Alimony payments have specific tax implications, which the court will consider.

Can Alimony Be Modified?

Alimony is not always set in stone. In New Jersey, you can request a modification if there is a significant change in circumstances. Changes such as a substantial increase or decrease in income, job loss, retirement, or a significant health issue can warrant a modification. It is essential to file a motion with the court to request a modification, providing evidence of the changed circumstances.

Can Alimony or Spousal Support Be Terminated?

Alimony obligations can end under certain conditions. The most common reasons include:

• Remarriage or Cohabitation: If the recipient remarries or enters a cohabitation arrangement that provides financial support, the payer can request the court to terminate alimony.
• Death of Either Party: Alimony obligations typically end upon the death of either the payer or the recipient.
• Court Order: The court can terminate alimony if it determines that continued payments are no longer fair or necessary.

A Somerset County Divorce Lawyer at Katherine K. Wagner, Attorney at Law Will Help You Navigate Post-Divorce Life

Understanding alimony or spousal support is paramount as you navigate your divorce. To learn more, speak with a Somerset County divorce lawyer at Katherine K. Wagner, Attorney at Law today. Schedule your consultation by calling 908-526-0099 or contacting us online. Located in Somerville, New Jersey, we serve clients in all areas of Somerset, Hunterdon, and Middlesex Counties.