- Currently, there are four (4) types of Alimony in New Jersey (a person may receive any one or a combination of the different types of alimony) N.J.S.A. 2A:34-23.1
- Permanent alimony: paid from the date of divorce until the death of either party or the remarriage of the receiving spouse (there are always other factors for the award of permanent alimony that depend on the particular case).
- Limited duration alimony: similar to permanent alimony, however, it has a specific term.
- Rehabilitative alimony: short-term award of alimony to enable the former spouse to complete the preparation necessary for economic self-sufficiency. It ceases when the dependant spouse is in a position of self support. Rehabilitative alimony is appropriate when one spouse gave up or postponed their education to support the household and requires a lump sum or a short term award to achieve economic self-sufficiency. Rehabilitative alimony is not appropriate where the supported spouse is unable to return to the job market or has already attained economic self-sufficiency.
- Reimbursement alimony
- The four most important factors that a Court takes into account when determining the type, amount, or duration of the alimony awarded are:
- The actual need of the dependant spouse.
- The ability of the supporting spouse to pay.The standard of living established during the marriage. Although New Jersey State Courts have not specifically defined what this means, Courts usually look at housing of the parties during the marriage, vacations taken, automobiles maintained, and expenditures of the parties during the marriage.
- The duration of the marriage
- Other factors the Court will evaluate include:
- Age, physical and emotional health of the parties;
- Earning capabilities, educational levels, vocational skills, and employability of the parties;
- A length of absence from the job market of the party seeking support;
- Parental responsibilities for the children;
- The time and expense necessary to acquire sufficient education or training to enable the party seeking support to obtain appropriate employment, the availability of training for employment and the opportunity for future acquisitions of capital assets and income;
- The history of the financial and non-financial contributions to the marriage by each party including contributions to the care and education of the children.
- The equitable distribution of the property.
- The income available to either party through investment of any assets held by that person;
- The tax treatment consequence to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment;
- Any other factors which the Court may deem relevant.
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