A Guide to Alimony in New Jersey (Part 1)

If you are about to get a divorce, you need to understand how alimony works. It is crucial that you know, among other things, the types of alimony available in your state and how alimony is calculated. Regardless of whether you are the spouse who will be asked to make alimony payments or the one who will receive payments, you should understand how alimony works. If you are about to get a divorce in NJ and are looking for information on how alimony works in NJ, you have come to the right place. In this first part of the article titled, “A Guide to Alimony in New Jersey,” we discuss what alimony is, the types of alimony in New Jersey, and how alimony is determined and calculated in New Jersey.

What is Alimony?

Alimony is financial support that a soon-to-be former spouse provides to the other during the divorce process or a former spouse provides to the other after the final divorce. However, it is vital to note that alimony is not awarded in all divorce cases. 

The main reason courts award alimony is to prevent a divorce from having a significant economic impact on one spouse than the other. Alimony is awarded so a spouse can continue to enjoy the same lifestyle they enjoyed during their marriage. 

Types of Alimony in NJ

There are five types of alimony in NJ, as discussed below;

  • Open duration alimony: This was formerly called permanent alimony. However, there is no such thing as permanent alimony in NJ. Some people call this type of alimony “permanent” alimony because this type of alimony has no cap on time. Open-duration alimony is usually granted when a marriage has lasted at least two decades.
  • Temporary (Pendente lite) alimony: Temporary alimony is awarded during the divorce process to help a spouse meet their financial obligations before the divorce is finalized. Temporary alimony terminates automatically immediately after a divorce is finalized. After pendente lite alimony terminates, it can be replaced by another type of alimony.
  • Rehabilitative alimony: This type of alimony is meant to help a party become self-reliant. Rehabilitative alimony may cover, among other things, the costs of training, education, and daily expenses during the rehabilitation period.
  • Limited duration alimony: This type of alimony provides for payments to be made for a specific number of months or years.
  • Reimbursement alimony: Just as the name suggests, this type of alimony is meant to reimburse a party for their contributions to the career or education advancement of the other. 

How is Alimony Determined and Calculated in New Jersey?

Courts consider several factors when determining and calculating alimony awards during a divorce. There is no set formula for determining and calculating alimony in NJ. The factors courts consider when determining and calculating alimony are outlined under N.J. Statutes section 2A:34-23(b). Below are some of these factors;

  • The need and capability to pay
  • The age and health of the parties
  • The duration of the marriage
  • Parental responsibilities of the children

According to N.J. Statutes section 2A:34-23(b), judges also have the right to consider any other factors not outlined under the statute that they consider relevant.

Contact a New Jersey Family Lawyer

If you are about to get a New Jersey divorce and have questions about alimony, contact our skilled New Jersey family lawyer at The Trabosh Law Firm.

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