Divorce is stressful, and determining how you will continue to support yourself with split finances can make alimony a sensitive subject in many situations. Deciding who pays how much in alimony, and for how long, can be a complicated, emotionally draining process.
Whether you’re navigating the process on your own or working with a Monmouth County alimony or spousal support lawyer, it’s essential to understand the basics of alimony in New Jersey.
This article will explore frequently asked questions about alimony in NJ, including the types of alimony available, how courts determine payment amounts and duration, what can cause alimony to change or end, and what steps to take if you’re seeking or contesting support.
How Does Alimony Work in New Jersey?
When you are married, many couples divide and conquer to face life’s challenges. One person may focus on their career while the other takes a step back to focus on domestic tasks. In the event of a divorce, one spouse may be at a significant disadvantage supporting themselves because they focused their efforts on unpaid duties to sustain their life, while the other invested in a career.
Alimony or spousal support is money paid by one spouse to another following a divorce to help balance this inequity. The New Jersey courts define alimony as money paid by one spouse to another after a divorce to help with living expenses outside of child support.
Types of New Jersey Alimony
Alimony is commonly awarded under one of four different models. These different spousal support models can provide an idea of the general duration related to the purpose of payments. Some are meant to support independence, while others are meant to ease the adjustment to a change of lifestyle.
Temporary Alimony
Temporary alimony is meant to provide temporary support for the lower-earning spouse during divorce proceedings. A temporary order ends at the time of the final decree, though a longer-standing arrangement may replace it.
Limited Durational Support
Limited durational support provides support for a specified amount of time. This type of support will not surpass the duration of the marriage. However, if you dissolve a marriage that lasted 20 or more years, the judge may order an open durational support order, which has no end date.
Rehabilitative Alimony
Rehabilitative alimony provides support for the dependent spouse to become self-sufficient. This may include support for educational or vocational training that will allow them to support themselves.
Reimbursement Alimony
Reimbursement alimony provides compensation for a spouse who supported the other through educational or career development during the marriage.
How Long Is Alimony Paid in New Jersey
The length of time a judge orders alimony depends on its primary purpose and the needs of the spouse requesting it. Payments may range from months to years, depending on the need and length of the marriage.
Typically, the longer you are married, the longer the alimony will last. However, in all types of alimony other than open duration, your payments should not exceed the duration of the marriage. In some circumstances, you may be able to make a lump sum payment to your spouse, shortening the duration.
What Qualifies Me for Alimony?
If you and your soon-to-be ex-spouse come to a reasonable agreement for alimony, the judge is likely to accept, even if it might not be what they would order. However, if you and your spouse don’t agree, some of the considerations for alimony may include:
Current Ability to Support
Part of determining alimony is need-based, so if each party is equally able to support themselves, this removes some need for balance. Similarly, if paying alimony will prevent a party from supporting themselves, this may also impact the decision.
Earning Potential
If each spouse does not earn the same but is able to do so quickly or with vocational support, this may affect whether alimony is paid, how much, and for how long.
Health
If one party has significant health concerns that may decrease their ability to support themselves, this may affect alimony eligibility and requirements.
In addition to these factors, the duration of your marriage may affect alimony. For example, if you and your soon-to-be ex were only married for a year, your alimony determination may look quite different from someone who has been married for 25 years.
Can Alimony Payments Change?
A divorce decree doesn’t necessarily mark the end of financial changes in your life. Major life events, such as remarriage, job loss, retirement, or a significant change in income, can impact your ability to pay or need for alimony. In these cases, you may be eligible to request a modification of your existing alimony order.
Consulting with a modification of order attorney can help you assess whether your circumstances warrant a change. An experienced lawyer can guide you through the legal process, file a motion for modification, and advocate for updated terms that reflect your current reality.
Navigating Alimony with Clarity and Confidence
Alimony is one of the most complex and emotionally charged aspects of the divorce process in New Jersey. Whether you’re requesting support or being asked to pay it, understanding the different types of alimony, how it’s calculated, and the circumstances that may lead to modifications can empower you to make informed decisions during a difficult time.
While every divorce case is unique, being equipped with knowledge about New Jersey’s alimony laws is a crucial first step. And if you’re feeling overwhelmed or unsure, don’t hesitate to seek the guidance of a qualified family law attorney. With the right support, you can navigate the financial aspects of your divorce with greater clarity, protect your rights, and begin the next chapter of your life with confidence.
Contact an Experienced Monmouth County Divorce Attorney at The Law Office of Jennifer J. McCaskill, LLC for Legal Advice
To learn more and get the help you deserve, call our divorce & family law firm in Red Bank. NJ at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.
