One of the most commonly asked questions that people starting divorce proceedings ask is whether they will be eligible to obtain spousal support or alimony payments. There isn’t a general answer as to whether you will be automatically entitled to receive alimony payments because it depends on each individual situation. In New Jersey, there are four different types of alimony that were recently adopted in 2014.
Prior to the change in alimony law, there was a provision that allowed permanent alimony payments to be made. However, permanent alimony has since been replaced with what is known as open durational alimony. This simply makes it so the alimony payments do not have an end date and the courts will take a number of factors into consideration to determine when the best time for the alimony to end is. Limited durational alimony is generally granted to marriages that didn’t last a very long time and it works to allow the less-monied spouse to become financially independent.
Rehabilitative alimony payments are granted for a short period of time to a spouse who requires additional education in order to continue advancing their career so they can one day become financially independent. The final form of alimony is known as reimbursement alimony, which is used to repay a less-monied spouse for any of the education they require in order to get their career back on track.
The court considers the length of the marriage, the earning capacity of each spouse, and a number of other factors when deciding whether granting alimony is appropriate. If you have questions regarding alimony and your divorce, contact an experienced divorce attorney today.
If you require strong and dedicated representation for any of your legal matters, contact The Law Offices of George J. Mardinly to schedule a consultation.