If you are getting divorced, you may be wondering whether you will receive alimony, also known as spousal support. Read on to learn more about how alimony is determined in New Jersey.
How do courts determine alimony arrangements?
There are a lot of factors that go into creating an alimony arrangement. For example, a judge will need to determine the amount and duration of payments. In order to make this decision, a judge will consider:
- The length of the marriage
- The age and health of each party
- The earning capacity of each party
- The needs of the spouse who is dependent
- The independent party’s ability to provide support for the dependent party
- Whether the dependent party has had a significant absence from the job market
- The equitable distribution of property
- Each spouse’s parental responsibility for any children they may have
- The standard of living that the couple established during the course of the marriage
- Whether there is any income available from investments
- Whether there are any tax implications from spousal support payments
Different types of alimony in New Jersey:
There are different types of alimony for different situations. The most common types of alimony include:
- Open-durational alimony: Typically used for spouses who have been married for a longer period of time, generally over 20 years. While this type of alimony does not have a set end date, it is possible to modify the alimony amount based on a significant change in circumstances. This may include remarriage, cohabitation, or receiving/earning a large sum of money.
- Limited-duration alimony: Used for spouses who have been married for a short period. This alimony will last until a set date or until self-sufficiency has been reached by the dependent spouse.
- Rehabilitative alimony: Rehabilitative alimony is mainly used when a spouse requires additional schooling or vocational training to become financially independent. For example, if one spouse left his or her job to care for the couple’s children, he or she may have lost the necessary skills to make a return to the workplace. This alimony will allow that individual to undergo the proper training to re-enter the workforce and become financially independent.
- Reimbursement alimony: Reimbursement alimony is primarily used when both spouses pooled their resources to allow a single party to pursue higher education to achieve a higher earning potential in the future. The party who sacrificed his or her earning potential or education opportunities may be entitled to reimbursement. This reimbursement will cover personal and financial sacrifices throughout their marriage.
If you have any questions about alimony in New Jersey, our firm is here to help.
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