Types of Alimony in Hackensack
The cliché of alimony is that a man must pay his ex-wife monthly, forever. That is only a cliché and has no basis in truth anymore. Today, many divorces occur without a grant of alimony. Either spouse can request alimony, and either can receive it. Alimony almost always has a set duration.
There are several types of alimony in Hackensack, and whether a spouse is eligible for a specific form depends on several factors. Speak with an experienced alimony attorney at Moskowitz Law Group to learn about your options.
Alimony Pendente Lite
Alimony pendente lite, sometimes called temporary alimony, is money a dependent spouse receives during the divorce proceedings. Because neither spouse can liquidate marital assets during the pendency of a divorce without a court order or upon the consent of the parties, a spouse with insufficient income to support their household might experience financial hardship. The intention of temporary alimony is to provide a financial bridge while the recipient spouse establishes a separate household.
An attorney from Moskowitz Law Group can request alimony pendente lite for a spouse who requires support during the divorce proceedings. The Court typically grants this form of alimony in Hackensack for a specific number of months or until the divorce proceedings are final and property distribution accomplished.
Length of the Marriage is a Crucial Factor in Post-Divorce Alimony
N.J.S.A. § 2A:34-23 sets for numerous factors to be considered when a party seeks the payment of alimony. The most important factor is that one spouse can demonstrate a need and the other spouse has the capacity to pay. The length of the marriage is also an extremely important factor. There is no statutory “formula” as to the computation of alimony.
When a marriage lasts less than 20 years, the law prevents the term of the alimony payments from exceeding the length of the marriage except in extraordinary circumstances. Although the law does not set a minimum length of marriage in Hackensack for a spouse to qualify for alimony, the shorter the marriage, the less likely alimony will be awarded.
The law contains a rebuttable presumption that alimony should end when the paying spouse reaches full retirement age. The Court could extend a payor’s obligation past their retirement date but must specify the reasons for doing so.
Four Categories of Spousal Support
Most forms of alimony are meant to give the receiving spouse in Hackensack time to become self-supporting or arrange their affairs so they no longer need alimony.
Limited Duration Alimony
This form of alimony offers financial support for a set duration when a couple’s marriage is not considered “long term.” In many cases, judges do not award alimony when a couple’s marriage was short, but when one spouse leaves the marriage with little property or resources, a judge might grant limited duration alimony.
Rehabilitative Alimony
When one spouse has a plan to obtain training and credentials to become self-supporting, a judge might award rehabilitative alimony to support them through the process. A recipient whose progress is not as speedy as they had hoped can ask the Court for an extension. Conversely, when a paying spouse believes the recipient spouse is not applying themselves toward becoming self-supporting, the paying spouse could ask to terminate or reduce the rehabilitative alimony.
Reimbursement Alimony
Some spouses work to support the other to obtain an advanced degree or license to practice a profession. Reimbursement alimony repays the supporting spouse for their financial and other contributions to the advanced degree or professional training and any educational or professional sacrifices the supporting spouse may have made.
In some states, advanced degrees can be considered marital property, and their value is counted in the property division process during a divorce. However, New Jersey does not consider degrees or credentials earned during a marriage as marital property. Reimbursement alimony is a way to compensate the supporting spouse for their contribution to the other spouse’s success and earning power.
Open Durational Alimony
Permanent alimony no longer exists in New Jersey. However, a judge could award alimony of open duration in an appropriate case. This form of alimony continues for an indefinite term.
Financially dependent spouses leaving marriages of several decades are most likely to receive open durational alimony. Spouses with mental or physical conditions that prevent them from working or becoming self-supporting are also potential recipients of this form of alimony.
Consult a Hackensack Attorney About Different Forms of Alimony
Alimony is often a major stressor in a divorce, whether you are worried about paying too much or not receiving enough to begin a new life. Work with an experienced family law attorney to learn about the types of alimony in Hackensack
A lawyer from Moskowitz Law Group can ensure you have realistic expectations but will work diligently to accomplish your goals regarding alimony. Get in touch today.
