When a marriage fails, the spouses will separate their property, and if necessary, arrange custody of any children. At times, one spouse may need support from the other. Marriage is oftentimes a partnership between two people, and both spouses support one another, in many ways. One such way is financially. When the spouses are no longer for supporting one another, one potential solution is alimony.
Alimony In New Jersey
Alimony is support paid to a spouse upon a divorce, or for the duration of the divorce proceedings. In New Jersey, there are a few different forms of alimony, and they are all applied separately. The forms are:
- Alimony Pendente Lite: Alimony Pendente Lite, sometimes referred to as temporary alimony, is meant to support a spouse during the divorce proceedings. This can be common in marriages where one spouse was dependent financially on another and requires support while the divorce is being finalized.
- Limited Duration Alimony: This form of alimony is meant to support a spouse for a brief time after the divorce. This type of alimony typically expires once a spouse is able to support themselves following the divorce.
- Rehabilitative Alimony: This form of alimony is somewhat uncommon. It is meant to support spouses who must undergo rehabilitative substance abuse treatments.
- Permanent Alimony: Permanent alimony is rarely assigned. This form of alimony is meant specifically for spouses who have forgone or sacrificed career and education goals for the sake of the marriage.
- Reimbursement Alimony: This form of alimony is highly situational. It is meant for spouses who have supported their partner through education but divorced before ever receiving any return on their investment from that spouse.
Factors A Judge Will Consider In An Alimony Case
When an alimony case is being considered, the judge will take several factors into consideration. The first of which is whether or not the divorce is a fault or no-fault divorce case. Any of the "faults" from a fault divorce case will play a role in both property division and an alimony determination. A no-fault divorce will not take of the above into consideration. Other factors considered include:
- Ages of the spouses
- The standard of living during the marriage
- The income of the spouses
- Potential earning capacity of the spouses
- Each spouse's education and professional certifications
- Length of the marriage
Much like modifying custody or a support order, the court may be petitioned for the modification of alimony as well. The most common reason for the modification or termination of alimony is one spouse remarrying. While a new marriage terminates limited duration alimony, the newly married spouse is required to inform the supporting spouse when they are married. With this information, the supporting spouse may choose to petition the court for a new alimony agreement, or its termination altogether.
If you or a loved one is engaged in matters of alimony, contact attorney Joseph D. Lento today.