One issue many people wonder about during divorce proceedings is whether a court will order one spouse to pay the other alimony, which is also known as spousal support. However, the answer to this question is rarely ever clear-cut, especially when you consider that New Jersey actually recognizes several different types of alimony payments, including:

  • Open durational alimony: This type of alimony continues until the court terminates it or the parties agree to stop the payments, and typically only applies when marriages last for more than 20 years
  • Limited duration alimony: This type of alimony is often based on the financial need of the recipient and continues for as long as he or she needs to improve his or her earning capacity and become self-supporting
  • Rehabilitative alimony: This type of alimony is intended to help the recipient spouse become self-supporting, and typically requires this spouse to provide the court with information regarding the steps taken toward rehabilitation and the time frame in which the spouse will complete his or her rehabilitation
  • Reimbursement alimony: This type of alimony is intended to compensate one spouse for supporting the other while he or she obtained an education that increased his or her earning capacity

One important thing to note is that New Jersey lawmakers recently eliminated permanent alimony under state law. This same legislation also clarified when a court can terminate alimony if the recipient spouse cohabitates with another individual.

Alimony Factors In New Jersey

During divorce proceedings, a court many consider many factors when determining the type and duration of alimony to award, if it awards any type at all. These factors include:

  • The actual need of the spouse requesting alimony, as well as the other spouse's ability to pay
  • The standard of living during the marriage
  • The age as well as the physical and emotional health of each spouse
  • The number of years the marriage lasted
  • The earning capacity of each spouse, taking into account education levels and employability
  • The time needed for the spouse requesting alimony to acquire the necessary education to find appropriate employment
  • The contributions of each spouse to the marriage, including both financial and nonfinancial contributions
  • The parental responsibilities of each parent

Contact DiRienzo, DiRienzo & Dulinski, P.A., For A Free Consultation

If you are considering divorce and have questions about New Jersey alimony laws, contact DiRienzo, DiRienzo & Dulinski, P.A., today to speak with an experienced alimony attorney. You can schedule a FREE initial consultation by emailing us online or calling us at 908-233-6700.

Let our lawyers help you, contact our Westfield office today.