When many people think of divorce, one of the first things that comes to mind is alimony. This is especially true if one spouse earned significantly more money than the other throughout the marriage, or if one spouse spent years staying home to raise children or support the household while the other advanced his or her career. That said, there are several different types of alimony, and the type awarded in your situation will largely depend on the specifics of your circumstances. Please continue reading and reach out to the seasoned alimony lawyers in Sussex County here at Gruber, Colabella, Thompson, Hiben & Montella to learn more about the different types of alimony in New Jersey and how we can help ensure your financial well-being is protected going forward. Here are some of the questions you may have:
What Types of Alimony Are Available in New Jersey?
There are several different types of alimony available in New Jersey, and the type that may apply to your case will largely depend upon the duration of your marriage, the financial circumstances of both spouses, and the purpose the support is intended to serve.
The primary types of alimony in New Jersey are as follows:
- Open durational alimony
- Limited duration alimony
- Rehabilitative alimony
- Reimbursement alimony
Open Durational Alimony
Open durational alimony is generally associated with longer-term marriages, particularly when one spouse became financially dependent upon the other over the course of many years.
Some examples of situations where courts may consider open durational alimony include the following:
- One spouse left the workforce to raise children.
- One spouse stayed home to manage the household while the other pursued career advancement.
- One spouse sacrificed educational or professional opportunities for the benefit of the family.
- There is a significant difference in earning ability between the parties.
Many people hear the phrase “open durational” and immediately assume that it means support payments will continue forever. That said, this is not necessarily the case. Instead, New Jersey courts retain the ability to modify or terminate alimony when circumstances warrant such a change, which means these arrangements can evolve as life circumstances change over time.
Limited Duration Alimony
Limited duration alimony is often awarded in situations where support is needed for a set period of time, rather than indefinitely.
Generally speaking, this form of support is designed to help a spouse transition from married life to financial independence. Limited duration alimony may help a spouse:
- Return to the workforce.
- Obtain additional education or job training.Adjust to living on a single income.
Become financially stable following the divo - rce.
Typically, when a court awards limited duration alimony, it will establish not only the amount of support to be paid, but also the length of time that those payments will continue.
Rehabilitative Alimony
Rehabilitative alimony is somewhat similar to limited duration alimony, though it is more specifically aimed at helping a spouse acquire the skills, education, or credentials necessary to become self-supporting. For example, rehabilitative alimony may be appropriate when a spouse needs time to:
- Finish a college degree.
- Complete vocational training.
- Obtain a professional certification.
- Gain experience in a new profession or field.
In many cases, the spouse requesting rehabilitative alimony will present the court with a specific plan detailing how the support will be used and how it will help that spouse eventually achieve financial independence.
Reimbursement Alimony
Reimbursement alimony is perhaps the least commonly discussed type of alimony, though it can become extremely important in certain cases.
Essentially, reimbursement alimony is intended to compensate one spouse for financial contributions that were made toward the education or career advancement of the other spouse during the marriage. Some common examples include the following:
- One spouse supported the household while the other attended medical school.
- One spouse helped pay for graduate school or professional training.
- One spouse financed educational expenses with the understanding that both parties would later benefit from the increased earning potential.
In these situations, reimbursement alimony may serve as a way of recognizing the sacrifices and contributions that helped make those opportunities possible in the first place.
How Does a New Jersey Court Decide Which Type of Alimony Applies?
There is no universal formula that determines which type of alimony a court will award.
Instead, New Jersey courts examine a wide range of factors before making a determination. Some of those factors are are as follows:
- The length of the marriage.
- The age and health of both spouses.
- The standard of living established during the marriage.
- The earning capacities of both parties.
- The educational backgrounds of each spouse.
- Childcare and parenting responsibilities.
- Contributions made to the marriage, both financial and non-financial.
The bottom line is that alimony can have a significant impact on your financial future, whether you expect to pay support or receive it. Because of this, it is often in your best interest to speak with an experienced New Jersey divorce and family law attorney. If you have further questions or need an attorney in your corner, please don’t hesitate to contact our firm today.
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