Alimony often plays a key role in the divorce process. For divorcing spouses who have limited or no income, securing alimony can be critical for preserving their financial stability post-divorce. For divorcing spouses who were the primary earners during their marriage, ensuring they are not required to pay more than necessary can be critical to preserving their standard of living. In both scenarios, working closely with an experienced Vineland divorce lawyer is essential to making informed, future-focused decisions.
New Jersey’s alimony laws are unique in many respects. They provide for four different types of alimony, and they establish a long list of factors that divorcing spouses must consider when determining how much alimony (if any) is appropriate. If you are preparing to go through a divorce in Vineland, here is an introduction to what you need to know:
There Are Four Types of Alimony in New Jersey
In New Jersey, divorcing spouses may be entitled to receive (or obligated to pay) four different types of alimony based on their personal financial circumstances. The four types of alimony that are available in New Jersey are as follows:
Rehabilitative Alimony
Rehabilitative alimony is intended to provide a spouse who currently has limited or no income with the opportunity to become self-supporting. In addition to covering the spouse’s living costs, rehabilitative alimony can also cover the costs of education, training, or other necessary means of job readiness.
Limited Durational Alimony
Limited-duration alimony is intended to ensure that both spouses can maintain the standard of living enjoyed during their marriage for a specified period, with the idea that the spouse who receives alimony will be able to become fully self-supporting in the future.
Open Durational Alimony
Open durational alimony establishes an obligation for one spouse to financially support the other for an indefinite period after their divorce. This type of alimony is generally awarded in
long-term marriages when it is unlikely that the spouse receiving alimony will be able to become self-supporting.
Reimbursement Alimony
Reimbursement alimony focuses specifically on allowing one spouse to recoup the costs paid for the other spouse’s education. While reimbursement alimony can be combined with limited or open durational alimony, it is often awarded when no additional financial support is warranted under the circumstances.
When preparing to go through a divorce in Vineland, understanding which type (or types) of alimony apply based on your individual circumstances is a key first step toward making informed decisions. Once you know which type (or types) of alimony are on the table, then you can focus on applying New Jersey’s alimony factors and calculating an appropriate payment amount in light of your current finances.
Alimony Awards Are Based on Several Factors
In all cases, divorcing couples must calculate alimony payments (if any) based on the factors listed in Section 2A:34-23 of the New Jersey Revised Statutes. While Section 2A:34-23 specifically states that the New Jersey courts must consider these factors during a divorce, since negotiated divorce settlement agreements are subject to court approval, divorcing spouses must also consider these factors when navigating the divorce process out of court.
New Jersey’s “alimony factors” are as follows:
● Each spouse’s financial needs and ability to pay;
● The duration of the marriage;
● The age and health of each spouse;
● The standard of living established in the marriage and the likelihood that each spouse will be able to maintain a reasonably comparable standard of living post-divorce;
● The spouses’ respective earning capacities, educational levels, vocational skills, and employability;
● The length of absence from the job market of the spouse seeking alimony;
● Each spouse’s post-divorce parental responsibilities;
● The time and expense necessary for the spouse seeking alimony to acquire sufficient education or training to find appropriate employment;
● Each spouse’s financial and non-financial contributions to the marriage;
● The equitable distribution of the spouses’ marital assets;
● The investment income available to each spouse (if any);
● The tax treatment and consequences to both spouses of any alimony award; and,
● The nature, amount, and length of pendente lite support paid, if any.
Pendente lite support is financial support that one spouse pays to the other during the divorce process. It is effectively a form of temporary alimony, and pendente lite support payments typically end when a couple’s divorce becomes final. For divorcing spouses who are living separately and cannot afford to cover their expenses on their own, seeking pendente lite support can be an important early step in the divorce process, and an experienced Vineland divorce lawyer can assist with seeking this support as warranted.
Seeking an Appropriate Alimony Award During the Divorce Process
For both spouses, seeking an appropriate alimony award is a critical step in the divorce process. This starts with determining whether an alimony award is appropriate at all. If both spouses have similar earnings, no alimony may be necessary. On the other hand, if alimony is necessary, both spouses will have a personal stake in ensuring they reach an appropriate award amount.
As with all aspects of the divorce process, it will typically be in both spouses’ best interests to reach an agreement on alimony. If the spouses cannot come to an agreement on their own, they may be able to use mediation or the collaborative divorce process. When going through a divorce, going to court is generally a last resort; it will not be necessary in most cases.
Discuss Your Situation with an Experienced Vineland Divorce Lawyer
Do you have questions about establishing alimony during the divorce process in New Jersey? If so, we invite you to get in touch. Our lawyers have extensive experience guiding spouses through all aspects of the divorce process. To discuss your situation with an experienced Vineland divorce lawyer at Helmer, Conley & Kasselman, P.A. in strict confidence, give us a call at 877-435-6371 or request a confidential initial consultation online today.