Alimony laws have changed to no longer allow for financial compensation to be permanent. Depending on each situation, there may be a reason to alter the alimony payments or stop them completely. There are four types of categories that spousal support can be broken into.
Open durational alimony is a change of the former permanent alimony. This type of payment is for couples who have been married for over 20 years. When this category is decided upon, there is no specific end date set. However, that does not mean it can never end. Modifications and adjustments can be made to open durational alimony. Factors that can influence the payments include the remarriage of the dependent spouse, cohabitation, the payor spouse becoming disabled or unemployed or the dependent spouse becoming financially independent. Limited duration alimony is for couples that have been married for less than 20 years. New Jersey law states that the alimony payments should be made for a specific period of time that does not exceed the length of the marriage. However, there are grounds that can modify or terminate the length of time and amount of money that is included in this category.
Rehabilitative alimony is designed for situations in which the dependent spouse is found to have deferred their career goals in support of the other party’s success and for the benefit of the family. This form of payment requires funds to pay for schooling or vocational training for the dependent spouse to increase their earning capacity. Reimbursement alimony is a structure of support that includes funds to reimburse one spouse for having financially supported the other spouse’s pursuit of an education or vocational training during the marriage.
How are these decisions made?
Divorce may be needed for some married couples. If they come to this decision, this process can be quite demanding. They will have to make many decisions together or have a judge do so in court. If they make decisions together, they will have to cooperate with one another in mediation sessions. If a judge is making the decisions for them in litigation, it may be easier for a judge to consider the factors from an objective standpoint. Spouses may have to pay alimony or spousal support. This type of payment may be needed for a dependent spouse that cannot financially support themselves after the divorce is finalized.
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 free consultation.