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What you should know about alimony in New Jersey — II

| May 3, 2017 | Family Law

A few months back, our blog began discussing how one of the foremost concerns for anyone heading into a divorce is alimony, namely whether they can anticipate receiving any form of support from their soon-to-be-former spouse.

We also discussed how there is really no definitive answer to this question given that 1) every couple’s circumstances are different, 2) New Jersey courts consider a host of factors in deciding whether to award alimony, and 3) there are four distinct types of alimony that can be awarded. 

Having briefly examined one of these four types of alimony, open durational alimony, we’ll continue these efforts in today’s post, taking a closer look at rehabilitative alimony, limited duration alimony and reimbursement alimony.

Rehabilitative alimony  

Those who will likely be able to support themselves post-divorce after securing additional training or education will make viable candidates for rehabilitative alimony.

Indeed, those seeking this form of spousal support will need to demonstrate the steps they plan to take to rehabilitate their earning prospects and the time they believe this will require.

Limited duration alimony

Limited duration alimony is only to be paid until the occurrence of a particular event, typically when the recipient spouse is able to secure suitable employment.

It’s important to understand that this form of alimony will generally not last any longer than the duration of the marriage, and that while the court may alter the amount of alimony if circumstances changes, it will rarely extend the timeframe in which it is to be paid.

Reimbursement alimony

Reimbursement alimony is an option when one of the spouses supported their soon-to-be ex while he or she pursued school/training in the expectation of the household ultimately benefiting from an increased income. By way of example, consider a husband who worked and supported his spouse while she completed law school.

The court will consider a multitude of factors in deciding whether reimbursement alimony is appropriate, including some of the following:

  • The length of the marriage
  • The actual needs of the parties and their ability to pay
  • The standard of living to which the parties became accustomed during the marriage and their ability to maintain this post-divorce
  • The education, job skills and employability of the parties

Consider speaking with a skilled legal professional who can provide answers and pursue solutions if you would like to learn more about the divorce process, including the payment or receipt of alimony.

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