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Alimony / Spousal Support


To help both parties maintain the standard of living they grew accustomed to during the marriage, NJ alimony (also called spousal maintenance) may be awarded to one party. Alimony is financial support that one party pays to the other after the divorce. If you are wondering whether you will receive alimony or how much support you will be expected to pay, it is important to work with a NJ alimony attorney who can protect your financial interests throughout the process.

Types of NJ Alimony

Although the spousal support payments vary from one marriage to the next, the factors used to determine whether support will be awarded are the same. The length of the marriage, the marital lifestyle, and the earning capabilities of each party are the main factors considered when support is being determined. Based on those and other factors, the courts determine which type of support is most appropriate:

Open durational alimony: When a couple has been married for a long time and there is no education or training that will allow a spouse to live a lifestyle similar to the one they enjoyed when the parties were married upon divorce, open durational alimony may be appropriate. This type replaced permanent alimony under the new alimony law enacted in September 2014. Payment can no longer exceed the length of a marriage, if it lasted less than 20 years.

Rehabilitative alimony: Rehabilitative alimony is awarded to individuals who undergo short-term financial hardships in order to obtain the education or training necessary to return to the work force and improve their earning capacity.

Reimbursement alimony:  Reimbursement alimony is awarded when one spouse has made financial contributions to the other’s education or professional training.

Limited duration alimony: When open durational alimony is not awarded, limited duration alimony may be granted. This is appropriate when a spouse is obtaining education or training, which will allow them to eventually live a lifestyle similar to the one enjoyed during marriage.

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