Divorce can bring huge financial changes, especially when one spouse has been financially dependent on the other. To help with this, the court may award alimony based on various factors in the case.
Under New Jersey law, there are several types of alimony, each designed to address specific needs and circumstances in a divorce.
Open durational
Open durational alimony provides ongoing financial support to a spouse who cannot become self-sufficient. This kind of assistance continues until either the recipient dies or remarries. Courts usually award this type of alimony in long-term marriages where the recipient spouse has limited earning potential. It ensures that they can maintain a similar lifestyle to what they had during the marriage.
Rehabilitative
Through rehabilitative alimony, a spouse receives support while they gain education or training to become self-sufficient. It aims to help them improve their earning potential. This kind of maintenance usually lasts for a set period, giving the recipient time to develop the skills needed for employment. The court may require a detailed plan outlining the steps the recipient will take to become financially independent.
Limited duration
Limited duration alimony provides financial support for a specific period after a divorce. It is common in marriages that last a shorter amount of time. It ends after the set duration, regardless of the recipient’s financial situation at that time. The length of the marriage and the time needed for the recipient to become self-sufficient influence the duration of this support.
Reimbursement
A court may award reimbursement alimony to compensate a spouse for expenses they incurred during the marriage. It often covers costs such as education or training that benefited the other partner. It aims to repay the supporting spouse for their contributions and sacrifices made during the marriage. It is not based on the recipient’s financial need but rather on the past contributions to the other spouse’s earning capacity.
Understanding the types of alimony available helps divorcing couples navigate the legal process more effectively.