Divorce is never easy, and the prospect of alimony can be a significant source of stress and uncertainty for both parties. Whether you are the spouse seeking alimony to maintain your standard of living or the one concerned about the financial burden of paying spousal support, it’s natural to feel overwhelmed and anxious about what the future may hold.
Alimony, also known as spousal support, is a court-ordered payment from one spouse to another to help maintain the receiving spouse’s standard of living after the divorce.
In NJ, there are five types of alimony, with each type applying to a different set of circumstances. Not all will apply to your situation, but having a general idea of what is available will put you in a better position to understand the process.
Let’s go deeper.
Temporary Alimony (Pendente Lite)
This type of alimony is awarded while the divorce is pending, ensuring that both parties can maintain their standard of living until the divorce is finalized.
Example: Sarah, a stay-at-home mom, is in the process of divorcing her husband, John, the primary breadwinner. Sarah is worried about how she will cover her living expenses and legal fees during the divorce process. In this case, temporary alimony can help ensure that Sarah can maintain her standard of living while the divorce is pending, providing much-needed financial stability during an already stressful time.
Limited Duration Alimony
For marriages lasting less than 20 years, limited duration alimony is a common solution. Awarded for a specific period, usually related to the length of the marriage, this type of alimony helps the receiving spouse transition to financial independence.
While the duration of limited alimony generally should not exceed the length of the marriage, there are exceptional circumstances where it may be extended.
Example: Michael and Emily have been married for 12 years, and Emily has been out of the workforce for most of that time to raise their children. As they go through the divorce process, Emily is concerned about how she will support herself while transitioning back into the workforce. Limited duration alimony can provide Emily with the financial support she needs after the divorce for a specific period of time as she works towards financial independence.
Rehabilitative Alimony
This type of alimony is designed to help the receiving spouse become self-sufficient by providing support while they acquire the education, training, or work experience necessary to re-enter the workforce or increase their earning capacity.
Example: Lisa and David have been married for 8 years, and Lisa put her career on hold to support David’s professional growth. Now, as they face divorce, Lisa wants to return to school to finish her degree and improve her earning potential. Rehabilitative alimony can help support Lisa while she acquires the education and training necessary to re-enter the workforce and become self-sufficient.
Open Durational Alimony
For those in long-term marriages lasting 20 years or more, open durability alimony, also known as permanent alimony, may be awarded to help the receiving spouse maintain the standard of living they enjoyed during the marriage.
However, it’s important to note that open durability alimony can be modified or terminated if there is a significant change in circumstances, such as the receiving spouse remarrying or cohabitating with a new partner.
Reimbursement Alimony
This kind of alimony is usually awarded if one spouse supports the other while they receive a higher education degree (such as medicine, law or business, etc.). The supporting spouse could receive reimbursement alimony for the support provided to the spouse who earned the degree.
Typically, reimbursement alimony is awarded for shorter-duration marriages and is not as common as it once was.
You Don’t Have To Do It Alone
Navigating alimony in New Jersey can be a daunting and emotional process for both spouses. Whether you are seeking alimony or concerned about paying it, it’s essential to understand the different types of alimony, the factors considered in alimony determination, and the importance of working with an experienced family law attorney to protect your interests.
By arming yourself with knowledge and seeking the guidance of a skilled NJ divorce professional, you can approach the alimony process with confidence, knowing that you have the support and representation you need to achieve a fair and equitable outcome.
Remember, your financial future is at stake, and you deserve to have your unique needs and concerns addressed throughout the process. Take the first step today by scheduling a consultation with a trusted family law attorney and begin the journey towards protecting your financial well-being and building a brighter future.
