When a couple divorces, they must address several legal matters before their marriage is officially over. One important part a divorce is deciding spousal support, also known as alimony. Alimony is court-ordered financial support from one spouse to another. These payments occur for a period of time after the divorce to support the other spouse as needed. If one spouse is a child’s caretaker, they may not have a salary of their own. Sometimes, one spouse may be the provider for the family, leaving the other spouse in an unfair financial standing after the marriage. Spousal support payments give dependent spouses the chance to continue and rebuild their lives without financial trouble.
Types of Alimony
In New Jersey, there are four different categories of alimony that apply to marriages. This includes:
- Open Durational Alimony: This may be set for couples who were married or in a civil union for over 20 years. It requires spousal support to be paid without an end date until there is a valid reason to terminate it. Situations that call for ending payments may be cohabitation, remarriage, the payor become disabled or unemployed, or the dependent spouse becomes independent.
- Limited Duration Alimony: This may be set if a marriage or civil union lasted less then 20 years. These payments should be set for no longer than the length of the marriage. It may also end if there is a change in circumstances.
- Rehabilitative Alimony: This support is set for situations in which the dependent spouse deferred their career to support the other spouse and help the family. This often requires funds to pay for schooling or training for the dependent spouse.
- Reimbursement Alimony: This support is meant to reimburse a spouse if they financed the other spouse’s education or training.
Factors in Determining Spousal Support
There are some times where a divorce can be a difficult and marriages end on poor terms. This can cause the topic of alimony to become heightened because one spouse may not want to support the other. This is why the court has the right to make any decisions regarding alimony. When the court comes to a decision, they consider several different factors. This may include:
- 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
When a court determines alimony, they typically do not consider marital fault. This means they do not make decisions based on if a spouse was at fault for the end of the marriage.
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If you are going through a divorce and wish to know your options regarding alimony, contact Ross & Calandrillo, LLC. today.
Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.