There are four basic types of Alimony permitted in New Jersey:
- Limited duration alimony
- Permanent alimony
- Reimbursement alimony
- Rehabilitative alimony
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Limited Duration Alimony
Limited duration alimony is awarded when economic assistance is necessary for a limited time. In determining the length of the term, the court must consider the length of time it would reasonably take for the recipient to improve his or her earning capacity to a point where limited duration alimony is no longer needed. The length of the term is based on the time it would take for the recipient to improve his or her earning capacity, to where limited duration alimony is no longer needed. Limited duration alimony, like permanent alimony, terminates upon the remarriage of the spouse receiving it.
Reimbursement alimony is awarded for a limited time and to compensate a spouse who supported the other party through an advanced education. It may be awarded separately or in conjunction with limited duration or rehabilitative alimony. Usually reimbursement alimony is not terminated upon remarriage unless the court finds that the circumstances upon which the award was based have not occurred, or the payer spouse demonstrates an agreement or good cause to the contrary.
Rehabilitative alimony is awarded based upon a plan in which the payee shows the scope of the rehabilitation the steps to be taken and the time frame, including the period of employment during which rehabilitation will occur. Rehabilitative alimony may be changed based on a change of circumstances.
Permanent alimony is intended to compensate a dependent spouse for an economic dependency created by the marriage. This alimony continues for a long period of time, possibly until the death or remarriage of the party receiving the alimony.
The alimony statute, N.J.S.A. 2A:34-23(b) states that the court must consider the following thirteen factors:
(1) The actual need and ability of the parties to pay;
(2) The duration of the marriage or civil union;
(3) The age, physical and emotional health of the parties;
(4) The standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living;
(5) The earning capacities, educational levels, vocational skills, and employability of the parties;
(6) The length of absence from the job market of the party seeking maintenance;
(7) The parental responsibilities for the children;
(8) The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income;
(9) The history of the financial or non-financial contributions to the marriage or civil union by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities;
(10) The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair;
(11) The income available to either party through investment of any assets held by that party;
(12) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment; and
(13) Any other factors which the court may deem relevant.
The blog content is for informational purposes only and it should be construed as legal advice. Every case is different and should be evaluated on its own merits.