TYPES OF ALIMONY IN NEW JERSEY

Alimony and spousal support considerations are common for couples going through divorce proceedings. However, alimony can refer to five different types of payments made from on ex spouse to another. It is also worth noting that New Jersey alimony regulations were changed as of September, 2014, directly impacting those who have been divorced since that date. Today, our divorce and family law attorneys will discuss these different types of alimony payments and when each comes into play. 

Open Duration Alimony in Morris County, NJ

Open duration alimony and limited duration alimony are the most straightforward forms of alimony in New Jersey. Open duration alimony was previously referred to as "permanent alimony" prior to 2014 alimony reform. The name was changed partially due to the misleading use of the word permanent, as even these arrangements could be modified or terminated.

In order for a divorcing spouse to be eligible for open duration alimony, the marriage must have lasted a minimum of 20 years. Open duration alimony has no set end date, and is generally terminated upon the death of the payor or payee. However, as mentioned above, there are considerations which may lead to early termination or modification such as significant changes in the financial situation of either party, or the remarriage of the dependent party.

Limited Duration Alimony: Chester Divorce Attorneys

For marriages which last for less than 20 years, limited duration alimony is very similar to open duration alimony, with the primary difference being a set end date. As most marriages ending in divorce last fewer than 20 years, limited duration alimony is the most common type of alimony in New Jersey.

While there are no rules regarding the length of limited duration alimony, it is generally accepted that a starting point is one half of the length of the marriage. For a marriage lasting ten (10) years, that would mean limited duration alimony would be owed for five (5). This is merely a benchmark, and the actual length and terms of your agreement will be determined on a case by case basis. That being said, limited duration alimony can never be paid for a period longer than the actual length of the marriage.

Chatham Alimony Agreement Lawyers: Other Types of Alimony

In addition to open and limited duration alimony, there are three other forms of alimony payments which may be required based on your divorce agreement. Depending on the nature of your divorce, you and your spouse may be considered for one of the following:

  • Rehabilitative Alimony: as the name suggests, rehabilitative alimony is a form of alimony which is meant to allow a divorcing spouse some time to get back on their feet. Often, marriages lasting more than three (3) but fewer than six (6) years will be considered for rehabilitative payments. The goal of this time period is intended to provide an opportunity for the payee to pursue education or career advancement so that they may support themselves in the future
  • Reimbursement Alimony: many married couples rely on one spouse to make the majority of the money. In this case, that spouse often pursues higher education and career advancements while the other attends to other matters. Reimbursement alimony is meant to repay the sacrifices of a spouse who opted to forego their own education and advancement during a marriage
  • Temporary Alimony: not to be confused with limited duration alimony, temporary alimony refers to alimony payments made before the divorce is finalized. This form of alimony may involve a court order during divorce proceedings, or it can be agreed upon between divorcing spouses outside of court

Contact Our Morristown Alimony and Divorce Attorneys Today

At The Law Offices of Laufer, Dalena, Cadicina, Jensen & Bradley, our team of experienced divorce attorneys understands complex alimony considerations for our clients throughout New Jersey towns including Morristown, Mendham, Chatham, Harding, Chester, Morris Township, Morris Plains, and all of Morris County. We believe that our intimate knowledge of ever-changing alimony and divorce laws uniquely positions us to handle alimony disputes on a case by case basis. If you or a loved one has any questions or concerns about your divorce or alimony considerations, lean on the firm with an established reputation in the Northern New Jersey region.

Contact us online or over the phone at our Morristown offices by dialing 973.975.4043today for a free and confidential consultation regarding and divorce or family law matters.

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Laufer, Dalena, Jensen & Bradley, LLC

23 Cattano Avenue
Morristown, NJ 07960

Phone: 973-975-4043
Phone: 973-975-4043
Fax: 973-285-0271
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