Types of Alimony in Bergen County
Alimony, or spousal support, is an important financial right in some divorce cases and it may play a critical role in your case. Bergen County judges must follow New Jersey law when making alimony determinations. There are five types of alimony in Bergen County. A lawyer can provide you with a better understanding of your financial rights regarding alimony.
The outcome of your case is important to your financial future. The experienced alimony attorneys at Moskowitz Law Group can provide the legal guidance you need.
What Forms of Alimony Are Available?
Alimony is a sum of money paid from one spouse to the other spouse. The spouse who is paying the alimony is almost always the spouse who has a greater income than the other spouse. A knowledgeable Bergen County divorce attorney can help you understand which type of spousal support applies to your situation.
Pendente Lite Alimony
Pendente lite alimony is temporary alimony that is paid while the divorce is pending in court. Pendente lite alimony is intended to maintain the financial status quo that existed during the marriage until the divorce is resolved. Pendente lite alimony ends when the divorce is finalized.
Limited Duration Alimony
Limited duration alimony is the most common form of alimony in the State. It is reserved for cases where the parties have been married for less than 20 years. It is intended to give the supported spouse the financial resources needed to maintain a standard of living similar to what they enjoyed during the marriage. Limited duration alimony has a predetermined end date and cannot last longer than the duration of the marriage. For example, if the parties have been married for 10 years, alimony can only be paid for a maximum of 10 years. Your lawyer can determine whether this form of alimony may apply to your case.
Open Durational Alimony
In 2014, the State amended the alimony Statute and replaced permanent alimony with open durational alimony. Open durational alimony can only be ordered in cases where the marriage has lasted at least 20 years. It is also intended to give the supported spouse the financial resources needed to become more financially independent while maintaining a standard of living similar to what they enjoyed during the marriage. Open durational alimony, like permanent alimony, does not have a predetermined end date. That said, open durational alimony generally terminates when the payor reaches full Social Security retirement age. This is because the same 2014 amendment to the alimony Statute created a rebuttable presumption that alimony terminates upon the payor’s retirement.
Rehabilitative Alimony
Rehabilitative alimony is intended to help the recipient increase their ability to support themselves financially. This usually entails the payor paying the recipient what they need to rehabilitate their employment in terms of additional education or job training. This kind of alimony is increasingly rare because limited duration alimony determinations often consider that the recipient will usually be able to earn more in the future. If it is ordered at all, it can be ordered in conjunction with or in lieu of limited duration alimony.
Like limited duration alimony, rehabilitative alimony is paid for a fixed period to help the recipient gain greater financial independence through education, job training, or skill development. Our experienced attorneys can help you understand whether rehabilitative alimony may be appropriate under your specific circumstances.
Reimbursement Alimony
This is the rarest form of alimony. Unlike the other kinds of alimony, it can be payable from the historically lesser earning spouse to the other spouse. Reimbursement alimony may be appropriate when a spouse has made financial sacrifices so that the other spouse could pursue a professional degree with the expectation that both spouses would benefit financially from increased earnings from having a professional degree. For example, if a spouse worked extra hours or paid toward the other spouse’s higher education so they could focus on school, only for the marriage to end before the parties saw any financial benefit from that education, the Court may order reimbursement alimony. The idea behind this form of alimony is that it would be unfair for a spouse to leave the marriage with that higher education that the other spouse financially helped them to achieve without seeing anything in return. This form of alimony is usually ordered in cases of short-term marriages and when no other form of alimony would be appropriate.
Resolving Alimony in a Divorce
Alimony disputes can be resolved through multiple approaches that depend on the circumstances and the willingness of both parties to cooperate. Negotiation between divorce attorneys is usually the first approach, enabling spouses to reach mutually acceptable agreements without court intervention.
When direct negotiations fail or stall, mediation offers a structured environment where a neutral third-party mediator facilitates discussions and helps parties find common ground. Mediation is typically less expensive and adversarial than litigation and gives spouses more control over the outcome.
If negotiation and mediation fail to produce an agreement, litigation becomes necessary. The Court will hold a trial and hear testimony and review evidence from the parties. After the trial has concluded, the Bergen County Judge will render an opinion with an alimony determination based on the factors set forth in the alimony Statute.
Discuss the Various Forms of Alimony with a Bergen County Attorney Today
The knowledgeable attorneys at Moskowitz Law Group understand the different types of alimony in Bergen County. Your case is important to your future. Do not hesitate to contact us today to learn how we can help.
