Temporary vs. Permanent Spousal Support in Bergen County
Ultimately, most forms of spousal support are temporary in nature. In fact, the State of New Jersey has replaced permanent alimony with open durational alimony. Nevertheless, the matter of temporary vs. permanent spousal support in Bergen County remains a relevant topic.
If you have questions or concerns regarding your right to alimony in your divorce, do not wait to retain professional legal counsel. Our experienced spousal support attorneys at Moskowitz Law Group welcome the opportunity to help.
Spousal Support with No End Date
In 2014, the State of New Jersey replaced permanent alimony with open durational alimony. There are distinct similarities and differences between the two. Over the years, permanent alimony was awarded less and less frequently. It was generally reserved for cases involving long-term marriages in which the recipients were unlikely to become financially independent and experience the same standard of living they enjoyed during the marriage.
Open durational alimony is similar to permanent alimony, in that the Court does not attach an end date. A key difference between the two, however, is that open durational alimony can only be awarded after a marriage of 20 years or more in duration absent exceptional circumstances. Conversely, permanent alimony was awardable in marriages of any length. A knowledgeable Bergen County spousal support lawyer can help you understand all the differences.
Open durational alimony plays a similar role to permanent alimony. This form of spousal support, however, is generally presumed to stop when the payor reaches full Social Security retirement age, which differs from permanent alimony where an independent substantial change in financial circumstances is necessary to obtain a modification or termination. It should be noted that the presumption that open durational alimony ends upon the payor attaining full Social Security retirement age can be rebutted under certain conditions.
What Is Temporary Spousal Support?
There are two forms of temporary alimony. An experienced attorney can help you determine whether one or both types apply to your situation.
Pendente Lite Alimony
Pendente lite alimony is a temporary spousal support obligation that is put in place only while the divorce is pending. The temporary nature of this form of alimony is quite clear, in that it terminates once the divorce is finalized. These temporary payments are based on the recipient’s needs at the time the divorce is pending without consideration of future factors.
Limited Duration Alimony
Limited duration alimony is alimony with a predetermined end date. Limited duration alimony generally applies to cases involving marriages that did not reach the 20-year mark.
This form of alimony cannot be payable for longer than the amount of time the marriage lasted unless exceptional circumstances apply. For example, if the marriage lasted 10 years and one of the spouses is entitled to limited-duration alimony, its maximum duration will be 10 years. Generally, the longer the length of the marriage, the longer the term of limited duration alimony will be. A lawyer can advocate for an appropriate duration based on your specific circumstances.
Rehabilitative Alimony
Rehabilitative alimony applies when the recipient needs financial support to increase their earning power, which usually takes the form of additional job training or education. The goal is for the receiving spouse to become more financially independent in their ability to maintain the marital standard of living through any one or combination of the following:
- Returning to school to earn a degree
- Sharpening existing job skills
- Pursuing job training
Reimbursement Alimony
Reimbursement alimony may be appropriate when one spouse has made financial sacrifices to fund the other spouse’s higher education and when the parties divorce before they have fully realized the full financial benefit of the other spouse’s enhanced earnings from their education. The goal is for the receiving spouse to be compensated for what they sacrificed for their spouse to put themselves in a position to earn more income, but without getting anything in return in the end. This type of alimony is available, but very rare.
Having a dedicated attorney guiding you from the start greatly improves your chances of obtaining alimony terms that are appropriate under your unique financial circumstances. Speak with our firm today if you have questions about temporary or open durational alimony in Bergen County.
Contact a Bergen County Spousal Support Lawyer About Temporary and Permanent Alimony
Temporary vs. permanent spousal support in Bergen County can make a serious difference in terms of your financial future. The seasoned attorneys at Moskowitz Law Group are committed to identifying all possible options in our pursuit of a favorable outcome in your case. Learn more about how we can help you by calling our firm today.
