Kinds Of Alimony That Can Be Awarded in NJ
When a divorce is settled, the kinds of alimony that can be awarded to a spouse are: temporary alimony, limited duration alimony, open durational alimony, rehabilitative alimony, and reimbursement alimony.
Temporary alimony is also referred to as “pendente lite alimony.” This is designed to support the spouse who is in need during the divorce process. Each side is entitled to maintain a relatively similar lifestyle as the one they enjoyed during the marriage. In other words, it is meant to maintain the status quo. This is only used during the divorce and has nothing to do with the division of marital property after the divorce has been settled. When the divorce is final, temporary alimony ceases.
Limited duration alimony is also referred to as “term alimony” or “durational alimony.” It provides support for a finite amount of time. That finite amount of time could be months or years. This is generally used in marriages that did not last particularly long and if there is justification for making some form of alimony payments for a specified amount of time.
Open durational alimony is relatively self-explanatory and is awarded when there has been a long-term marriage ending in divorce. The purpose is to provide the spouse who is receiving the alimony to maintain a lifestyle reasonably close to the one he or she enjoyed during the marriage.Open durational alimony is only available to divorcing couples who have been named in excess of twenty years. Open durational alimony can last until such time as the payer spouse retires (typically around reaching the age of full social security benefits i.e. 66-67).
Rehabilitative alimony is designed to give the needy spouse time to reincorporate himself or herself to becoming self-supporting. This might be used by the spouse who is receiving alimony to go to school to receive training or to become reacquainted with certain abilities he or she might have had prior to the marriage and requires time to again grow accustomed to working. It can also include living expenses.
Reimbursement alimony occurs when one spouse has paid for the other's education or advancing in a career. If the spouse who is now in need of reimbursement worked while the other went to school or supported the family as a business was being built, there might be reimbursement alimony.
Important Factors In Awarding And Receiving Alimony
When the decision is made as to what kind of alimony will be awarded and how much there will be, other factors are in play. If the spouse who is ordered to pay alimony has a limited amount of money to pay from, it can affect the award. The length of time the marriage lasted can be important as a very short marriage might not yield a significant amount of alimony, if any. The age as well as physical and emotional health of the individuals involved in the marriage will be considered. The assets, debts, education and training will be examined. The standard of living that the couple was accustomed to during the marriage will be calculated.
Are there children in the marriage? If so, that will be a significant factor in the alimony award. Will the spouse receiving the alimony be able to improve his or her education and receive training to find employment? And what were the contributions made to the marriage by each spouse? All of the above factors can influence what the alimony award will be and into which category the award is placed.
Call Today For Professional Alimony Support in New Jersey
If you or a loved one are in the process of a divorce in Red Bank, Wall Township, Colts Neck any other town in New Jersey, knowing how alimony is calculated and what kinds of alimony are available is a key to the case. The Law Firm of Villani & DeLuca, P.C. in Point Pleasant Beach, New Jersey can assist you with learning about alimony and what kinds of payments you might be entitled to or what you might have to pay as part of a divorce. The divorce process can be complicated and understanding how it works when it comes to alimony is imperative for your long-term financial and personal health.
