During and after a divorce several types of alimony can be awarded depending on the unique circumstances of the couple. New Jersey courts may offer permanent alimony for spouses who were together for a significant period. For assistance during your divorce case enlist the help of a knowledgeable Union County alimony attorney.
How is Alimony Calculated?
Alimony is calculated by New Jersey courts based on a percentage of the higher-earning spouse’s income. How much the percentage will be depends on various factors that determine the necessity of the lower-earning spouse and the higher-earning spouse’s ability to pay.
Calculations will be made after evaluating the following factors.
- The lower-earning spouse’s need
- The higher-earning spouse’s ability to pay
- How long the marriage lasted
- The age of each spouse
- The health of each spouse
- The standard of living established during the marriage
- Each spouse’s income and earning capacity
- Sacrifices made by either spouse for the good of the marriage
After considering all of the above a court may be prepared to decide the type and amount of alimony that is appropriate to issue.
What Types of Alimony Can an NJ Court Order?
There are typically five types of alimony that a New Jersey court can order a spouse to pay during and after a divorce. They are as follows.
- Temporary: Temporary alimony, also known as pendente lite, can be awarded during the process of divorce. It is designed to ensure that both spouses are in a fair financial position during the divorce process and ends once the divorce is final.
- Limited duration: This type of alimony will come with a specific end date depending on necessity. Payments could last several years during which the receiving spouse is encouraged to use the funds to become self-supporting.
- Rehabilitative: This type of alimony is designed to financially support a spouse while they reenter the workforce. They may need help while attending college, completing trainings, and applying for jobs.
- Reimbursement: Reimbursement alimony is designed to compensate one spouse for financial contributions made to the other spouse’s education or career. For example, it may be issued if one spouse delayed their education so they could work to fund the other spouse’s tuition.
- Open durational: Open durational alimony used to be referred to as permanent alimony but was changed in 2014. This is a rare type of alimony awarded to couples whose marriage lasted for 20 years or more. It has no end date and generally lasts until the paying spouse reaches retirement age.
Does Permanent Alimony Ever End?
The title of permanent alimony can be deceiving as it is not guaranteed that spousal support payments will truly be a permanent fixture forever. It is called that because alimony will last indefinitely or until certain conditions are met. For example, the alimony agreement may stipulate that payments last indefinitely unless the recipient remarries or moves in with a new partner. Additionally, the agreement may be reevaluated and adjusted once the paying spouse retires or acquires new financial burdens.
For answers to any questions you may have regarding your divorce and alimony, do not hesitate to reach out to an experienced divorce attorney.