One of the most common issues decided in divorce litigation is alimony, otherwise known as spousal support. The purpose of alimony is to provide a financially dependent spouse with enough funds necessary to maintain the “marital lifestyle,” or the standard of living a married couple enjoyed throughout their relationship before obtaining a divorce.
Alimony Factors
There is no “one size fits all” formula that courts employ when awarding alimony to a dependent spouse. Rather, courts will consider several factors enumerated in N.J.S.A. 2A:34-23(b), which include the physical and emotional health of the parties, the earning capacities of the parties, and the duration of the marriage, to name a few. After considering these factors, courts will determine whether an award of alimony is appropriate after a careful review of the parties’ financial circumstances. Unlike child support, there is no set of guidelines that courts use to calculate alimony. Rather, when calculating an alimony amount, courts will take the factors described above into consideration to arrive at a set figure, taking note of a parties’ ability to pay and the needs of the dependent spouse.
Types of Alimony
Depending on the facts of each case, courts will decide which type of alimony should be ordered to best accommodate the dependent spouse’s needs. There are four types of alimony that are typically used by courts:
- Open durational alimony: Open durational alimony allows a court to order a spouse to make alimony payments indefinitely, until there is a change in circumstances requiring the termination of alimony. Otherwise, open durational alimony will usually expire when the payor spouse retires. Courts will award open durational alimony in circumstances where the marriage exceeds 20 years.
- Limited duration alimony: Unlike open durational alimony, limited duration alimony has a predetermined end date. Courts will typically award limited duration alimony where the marriage was of a shorter term or under 20 years. Courts must ensure that the payor spouse’s obligation does not exceed the length of the marriage.
- Rehabilitative alimony: Rehabilitative alimony is awarded in circumstances where the payee spouse requires financial support while they transition back into the workforce. This usually means that one spouse was the “breadwinner” while the other was likely a stay-at-home parent or homemaker. Rehabilitative alimony typically terminates when the payee spouse can successfully readjust to life in the workforce in such a way that allows them to remain independent without contribution from the payor spouse.
- Reimbursement alimony: Courts usually award reimbursement alimony where one spouse was financially dependent on the other while they obtained an advanced degree of some kind (law degree, medical degree, master’s degree, etc.). In other words, the payee spouse is “reimbursed” for the contributions they made during the marriage while the payor spouse pursued their education.
Conclusion
As mentioned above, there is no all-encompassing formula courts will employ when determining alimony, as each case presents its own variety of issues. There are a number of factors that courts will consider when awarding alimony, as well as multiple types of support that are appropriate depending on the circumstances of each case.
Alimony Lawyers in NJ
If you are seeking a divorce and would like to know your options regarding alimony, it is important that you have zealous representation from experienced family law attorneys who can ensure that you pay or receive the appropriate amount. Contact Arndt, Sutak & Miceli, LLC for a consultation today at (732) 867-8894.
