If you are getting divorced, you may have a lot of questions. At the top of your mind may be alimony arrangements. It is important that you feel financially secure during and after your divorce. The purpose of alimony is to help ensure that the financially dependent spouse is able to continue his or her standard of living while he or she works to enter the workforce and gain financial security. Read on to learn more about who is eligible for alimony in the event of a New Jersey divorce.
How do courts determine alimony?
Alimony is generally determined by a judge. When making a decision about alimony eligibility, the judge will examine the following facotrs:
- How long the couple has been married
- Each party’s earning capacity
- The dependent spouse’s needs
- The health of each party
- Whether the spouses have children together
- The age of each party
- The tax consequences that any alimony award may have
- Whether there has already been temporary support paid
- The standard of living that was established in the marriage
- How much income spouses earn on a yearly basis
What type of alimony will I receive?
The amount and duration of alimony will be determined based on the length and circumstances of your marriage. The most common types of alimony include:
- Open Durational Alimony: If you were married to your spouse for 20 years or more and you and are financially dependent on your spouse, you may be awarded this type of alimony. This alimony lasts for an indefinite amount of time. However, payments may come to an end if you become financially independent, remarry or cohabitate, etc.
- Limited Durational Alimony: Dependent spouses who were involved in short-term marriages may be entitled to this type of alimony. The amount and duration will be determined by the judge based on the factors listed above.
- Rehabilitative Alimony: This is a short-term support structure created to help the dependent spouse further his or her education. For example, if the dependent spouse deferred his career coals or left the workforce to support his spouse prior to the divorce, this type of alimony will be rewarded.
- Reimbursement Alimony: This type of alimony is awarded when one spouse paid for the other spouse’s education or training for work. In this case, the spouse who paid will be reimbursed for this payment.
If you have any questions or concerns about alimony in New Jersey, our firm is here to help. Reach out today with any questions or concerns you may have.
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