Many decisions must be made and topics have to be addressed when two individuals decide to get divorced. Property division and child custody are important to consider, as are financial support obligations. If you are getting divorced, understanding alimony and whether the obligation will be permanent or temporary is crucial, whether you are the paying spouse or the recipient. Work with a skillful Bergen County alimony lawyer for representation and legal advice.

gavel and money with paper that says alimony

What is Alimony?

Alimony, also known as spousal support, is a financial obligation that one spouse owes to the other during a separation or after a divorce. Not all divorces will require alimony, but if one spouse makes a significantly lower income than the other or does not have a comparable earning capacity, a support obligation may be implemented. This is especially important for relationships where one spouse sacrificed education or career opportunities to support the other spouse, raise children, or maintain the household.

What Types of Spousal Support Exist?

In New Jersey, the following types of spousal support can be required during and after a divorce.

  1. Temporary alimony is financial support that one spouse pays to the other during the divorce process. It is only required during litigation to ensure that the lower-earning spouse has the means to obtain representation and support themselves while the divorce is ongoing.
  2. Limited-duration alimony is awarded after the divorce and has an expiration date. This type of support is designed to help the receiving spouse remain financially stable while working towards becoming self-supporting.
  3. Rehabilitative alimony is often awarded after a divorce. This financial support is intended to help the recipient while they reenter the workforce whether they are attending school, training for a role, applying for jobs, etc.
  4. Reimbursement alimony is a type of spousal support that allows the paying spouse to compensate the receiving spouse for the financial support that they received during the marriage. The recipient may have supported the other spouse while they attended higher education, gave up their job to raise children, etc.
  5. Open durational alimony is generally only awarded to spouses who have been married for over 20 years. This type of alimony has no end date set and could feasibly last for the rest of the parties’ lives.

Does NJ Have Permanent Alimony?

New Jersey used to implement what was known as permanent alimony. In 2014, however, the term was changed to open durational alimony, as described above. The answer to the question of whether or not New Jersey has permanent alimony is yes and no. New Jersey does not have permanent alimony in the sense that once the spousal support obligation is made it will never go away. However, depending on the circumstances of the relationship, a court may award alimony with no end date in sight. The paying spouse may very well have to pay alimony permanently if the obligation never ends. However, if either individual experiences a significant change in circumstances then it is possible that the open durational alimony requirement will be modified.

For more information on the various types of alimony that may be relevant in your divorce, contact an experienced lawyer at Feitlin, Youngman, Karas & Gerson, LLC to set up a consultation today.