At Shane & White, LLC, we represent divorcing individuals when alimony is an issue. Each case is different. Sometimes we represent a spouse who may be held responsible for paying alimony. Other times, we represent a spouse who is having trouble making ends meet without the other’s support. Gender plays no part in an alimony award.
No matter what your situation, we can help. Our Edison, New Jersey, law firm is known for providing caring, knowledgeable and thorough representation to people facing legal challenges that affect their families. Our attorneys have in-depth knowledge of New Jersey family law, and one of our lawyers, Kenneth A. White, is Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney.
New Jersey Alimony:What You Should Know
There are four types of alimony or spousal support in New Jersey:
Open durational alimony:
This type of alimony replaces what used to be known as “Permanent alimony.” Statutory changes that went into effect in September 2014 indicate that alimony may not extend beyond the length of a couple’s marriage if the marriage lasted for less than 20 years. Exceptional circumstances would be necessary to extend a term of alimony beyond 20 years, if the length of the marriage did not last beyond 20 years. The statute also places emphasis on both parties’ ability to maintain a comparable lifestyle to that during the marriage, along with other factors. A form of permanent alimony is still available in marriages of 20 or more years when open durational or permanent alimony will likely be granted.
Limited duration alimony:
This type of alimony is set for only a limited time after the divorce and will vary in duration depending on the length of the marriage.
When one spouse has sacrificed his or her career to support the household, rehabilitative alimony can be ordered to help support that spouse financially while they gain economic self-sufficiency.
When one party agreed to support another through obtaining an advanced education (like medical school or law school), the court may award reimbursement alimony, ordering the educated spouse to reimburse the other.
A final divorce settlement can include any combination of these types, depending on the facts of the case. To make a determination, the court considers the specific financial situations and employment opportunities of divorcing spouses, as well as other factors such as their ages, the equitable distribution of property and the tax consequences of an alimony award. An experienced attorney can guide you in determining which of these alimony types may be appropriate for you. He or she can also discuss when a post-judgment application to terminate alimony might also be appropriate based upon retirement, cohabitation or other similar life event.