How Does Alimony Work in NJ? Understanding The Different Types
Are you wondering, “How does alimony work in NJ?”. If so, we’re here to help.
In this guide, we’ll go over a few key factors you should know about alimony in New Jersey that will help you prepare for your divorce.
Types of Alimony in New Jersey
Alimony, or spousal support, is a court-ordered financial payment that one spouse must make to the other during the divorce process and, in some cases, for a period of time after the divorce has been finalized. There are five different types of alimony. A judge may award one, and they may award a combination thereof.
Pendente Lite Alimony
Pendente lite alimony is temporary, and it is the only alimony option while the divorce is pending. This will be granted when one spouse is financially dependent on the other and needs assistance to cover living expenses during the divorce. Pendente lite support makes sure both parties remain in either the same or similar financial situation throughout the divorce litigation, as they did before starting the divorce proceedings.
Limited Duration Alimony
Limited duration alimony is awarded when a spouse needs time to become self-supportive following the divorce. To be entitled to limited duration alimony, a marriage must meet the required number of years together. Zero to three years is considered a short-term marriage, typically too short for this type of alimony to be warranted. However, there are certain circumstances where it will be awarded. The financials, facts, and years married for each case will influence the alimony type and duration.
The court most often will also supply a list of conditions that the spouse must meet, or they risk the court terminating the award.
Rehabilitative alimony is used in cases in which spouses need financial support as they get education or job training that will allow them employment and financial independence. The recipient is required by the court to prove the scope of the rehabilitation period, such as the time frame and steps necessary to become completely self-supportive.
The court awards reimbursement alimony if one spouse financially supported the other by paying for advanced education during the marriage and had expected to benefit from that education. For example, if you supported your spouse while they were in graduate school, but you divorced before you could reap the benefits of that degree, the court may order your spouse to reimburse you.
Permanent alimony is less common than the above alimony types. It is typically reserved for long-term marriages where a spouse is unable to become self-supporting. However, the alimony is rarely permanent and will only continue for as long as the recipient can provide a valid reason why financial independence is impossible.
Duration of Alimony
Every divorce case is different, and the duration of alimony will depend on the needs of the supported spouse and the circumstances that caused the court to order alimony. Pendente lite alimony ends when the judge finalizes the divorce and creates a new post-divorce award. If a supported spouse remarries, permanent and limited duration alimony will end on the remarriage date.
Your Answers to “How Does Alimony Work in NJ?”
The different types of alimony in New Jersey are based on the dependent spouse’s needs and the circumstance that caused the judge to order the alimony.
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