A divorce can cause tremendous stress and heartbreak. Alimony is one of the many issues that must be resolved during the separation process. The purpose of alimony is to ensure that the dependant spouse can maintain a standard of living as close to what they had during their marriage. There are all different types of alimony that can be ordered by a court depending on your situation. If you are going through a divorce, contact our experienced New Jersey family law attorneys today to discuss the best course of action for you.
What are the different types of alimony in New Jersey?
New Jersey has just recently abolished permanent alimony because it was never crafted to be permanent. Instead, there are 4 types of alimony structures that can be applied to various spousal situations, including:
- Open durational alimony: Dependent spouses in marriages lasting longer than 20 years may be entitled to this type of alimony. This structure has no end date and can be modified according to changing circumstances.
- Limited durational alimony: Dependent spouses in short-term marriages may be entitled to this type of alimony. The purpose of this structure is to help one party become financially secure within a limited amount of time.
- Rehabilitative alimony: This is a short-term support structure that is created to help the dependent spouse, usually to further their education.
- Reimbursement alimony: This structure is meant to pay back the dependent party for the time they set aside their interests for the other, for example, if the dependent spouse worked so the other could go to school, or the dependent spouse stayed home with their children instead of working.
What determines alimony?
There are many factors that are considered in determining alimony. Some of these factors include the following:
- The need and ability of either party to pay
- The duration of the marriage
- The age and health of either party
- The standard of living that was established over the course of the marriage
- The earning capacity of either party
- The need for education to advance the earning capacity of either party
- The history of financial contributions made by either party during the marriage
- Tax considerations of an alimony award
Additionally, if both spouses share children, child custody arrangements, as well as the responsibilities of each parent in terms of child care will also be considered when making alimony determinations.
All families carry different circumstances, and as a result, there is no concrete formula that determines alimony. The court system will evaluate each case individually, and their determinations must be provided with a written explanation. This process occurs best with the aid of knowledgeable legal counsel. The family law attorneys at Siragusa Law Firm are here to support you and your family.
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If you require experienced legal representation for a matter of Family Law, Supplemental Security Income, Medical Malpractice, Social Security Disability, or Legal Malpractice, Siragusa Law Firm is here to help. Contact our firm today to schedule a consultation so we can discuss your case.