Many spouses wonder how they will divide their assets if and when they divorce. There are many assets to consider including real estate property, savings accounts, and even child custody. Alimony is also a question as spouses wonder if the life sacrifices they made will be compensated when they are no longer with their significant other.
What is Alimony?
Alimony is a type of financial support that one spouse compensates to the other to maintain a way of living that they have become used to. It is meant to compensate an individual who may have made life choices that affected their financial situation such as staying home to raise the children or supporting a spouse financially while they were attending college.
Types of Alimony in New Jersey
New Jersey recognizes the following types of alimony:
- Pendente Lite Alimony: This type of alimony is a court-ordered alimony that is ordered when a divorce is pending. Divorce proceedings can be timely, depending on the circumstances of the divorce and this type of alimony can help one of the spouses out while they await additional alimony ruling.
- Limited Duration Alimony: This type of alimony is time-limited. It is awarded in an attempt to assist one spouse in becoming self-sufficient. It may give them a set period of time so that they can complete a degree, find a new job, or move to a more affordable house.
- Open Duration Alimony: With this type of alimony, there is no end date recorded. In most cases, open duration alimony is only awarded when the couple has been married for a long period of time and one spouse relied on the other as their primary financial support.
- Rehabilitative Alimony: This type of alimony is awarded solely to help the non-working spouse obtain the necessary experience and skills to re-enter the workforce.
- Reimbursement Alimony: If a financial amount can be placed on the support that one spouse offered the other for education or career improvement, then they may be awarded that reimbursement amount.
The reason that alimony support is requested will determine whether or not you are eligible. An experienced family law attorney can help you evaluate the details of your case and determine if any of these types of alimony are appropriate for your situation.
Important Factors Considered in a New Jersey Alimony Case
The judge may consider other factors when determining alimony eligibility. Other considerations might include:
- The spouse’s financial need: Alimony may not be offered if the other spouse is in a financial situation in which they don’t need the support
- The length of the marriage: How long the couple was married will also factor into the alimony eligibility and amount awarded
- The earning capability of each spouse: The court will also consider the earning capability of each spouse. They will look at things like job skills, health condition, and mental capacity when determining whether or not they are able to seek employment
- The lifestyle each spouse is used to: The type of living that each spouse is used to will also factor into the decision. If one spouse is able to own multiple houses and vehicles while the other is left with nothing, they may be awarded alimony.
It is best to discuss the details of your case with an attorney to better understand your alimony options. A divorce lawyer can help you determine which type of alimony is best for your individual situation.
Contact a Cherry Hill Family Law Attorney for a Consultation About Divorce Alimony in New Jersey Today
If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at Davis & Mendelson represent clients throughout the state, including Cherry Hill, Winslow, Voorhees, and Haddon Township. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (856) 627-0100 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 1200 Laurel Oak Road, Suite 101, Voorhees, NJ 08043.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.