Getting a divorce for two people that at one time were very much in love is a tough situation to be in, figuring out how to get by financially especially for the spouse who is not making as much money as the other can be even worse. Understanding what alimony is before you get married may not be a necessity, yet being knowledgeable about the process once you two are no longer together is a must. Different states have different laws surrounding the complicated process and in New Jersey there are definitely specific aspects one should be aware of before going forward.
Alimony Payments in New Jersey
The first item to be familiar with are the different types of alimony that are possible to have in the state of New Jersey. These types of alimony (in which a court may also award a combination of these options) are:
- Temporary alimony (alimony pendente lite) – This type of alimony is given by the court to an unemployed or low-earning spouse to help them pay for their living expenses throughout the divorce proceedings.
- Open Durational alimony – This may be awarded to a spouse after a marriage of 20 years or more. After examining certain factors to see if they qualify the court can also award other types of alimony to this in addition to receiving Open Durational alimony.
- Limited duration alimony – This alimony can be given to a spouse based on certain monetary needs until they are able to support themselves on their own financially.
- Reimbursement alimony – In cases where one of the spouses supported the other throughout their education in expectations that they would reap the benefits together as a couple in the end but could not because of their divorce this is a type of alimony they could receive.
- Rehabilitative alimony – This alimony is there to help a spouse become stable and to get a hold on their own financial footing while providing training and education. The spouse must submit the path of rehabilitation to the courts explaining how they will do this.
It is helpful to be aware of the different types of alimony one could receive but knowing how it is calculated means understanding what factors are involved when the amount gets determined. While there is no specific calculation or guidelines for the exact amount that will be awarded for alimony payments in New Jersey the number will be based on examples such as these factors:
- The length of the marriage
- The age, the physical health and the mental health of the people getting the divorce
- The requesting spouse’s monetary needs as well as the other spouse’s ability to pay for them
- Parental responsibilities
- The standard of living they had when they were married
- The income of each spouse, as well as their earning capacity, level of education and ability to get hired for employment
- The financial and non-financial contributions of each spouse to the marriage
- The expense and time it will take to get enough training and education for the dependent spouse to become self-reliant
Schedule a Consultation With a New Jersey Divorce Attorney
Surprisingly the amount of the alimony payments are not based on which partner is at fault for the divorce even when cheating is involved. In addition, even when an amount is decided on there are circumstances which could change after the divorce that would alter the amounts being paid. This is why you need a knowledgeable attorney to help get you the compensation you deserve. Contact Nitti and Nitti Attorneys at Law at 973-226-4141 to speak about your options or by filling out our convenient online contact form.
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.
