Alimony Lawyers based in Monmouth County

Alimony, or spousal support, refers to the monetary support that one spouse pays to the other following a divorce. Although spousal support is not a factor in all divorce cases, it is an important component in divorces involving a financially dependent party, such as when one spouse financially supports the other or when one party makes a substantially higher income than the other. 

Spousal support can be a contentious issue in a divorce, with disagreements frequently centering on the type of alimony and its necessity, as well as the amount and duration of support. New Jersey law establishes criteria that must be considered when determining the applicability and terms of alimony, but the current law falls short of providing a clear formula that can be applied to every divorce and it leaves room for judicial interpretation. 

Each divorce case involves unique, and sometimes exceptional, circumstances that determine the application of the law. Megan S. Murray can help you navigate the complexities of New Jersey alimony laws and understand how they apply to your divorce. Our goal is to provide you with experienced legal counsel and personalized guidance in matters of spousal support and family law throughout your divorce.

Contact us today at (732) 858-0282 to schedule an appointment. We will work with you to determine how New Jersey alimony laws apply to the unique circumstances of your divorce.

Types of Alimony

New Jersey law (NJ Stat section 2A:34-23) defines four types of alimony: 

Open Durational Alimony
As the name suggests, open durational alimony requires one party to pay a set amount to the other without a fixed end date. This does not mean that payments must continue indefinitely, but rather payments must be reevaluated in the event that either party’s circumstances change. Examples of circumstances that can merit reevaluation of open durational alimony payments include a change in employment, income, or retirement status. This type of spousal support is most often considered only if the parties were married for 20 years or more.

Limited Duration Alimony
Limited duration alimony refers to spousal support with an established end date. The duration and amount of spousal support may vary depending on the applicability of New Jersey state laws and the circumstances of each party, and courts do not employ a specific formula for either of these factors. However, the duration of payments must not exceed the length of the marriage. This type of alimony may be considered for marriages that lasted less than 20 years.

Rehabilitative Alimony
Rehabilitative alimony requires one party to pay spousal support to the other in order to assist the recipient in acquiring a level of professional or educational training necessary to financially support themselves. As such, rehabilitative alimony is most often considered in cases where one party deferred career opportunities, professional training, or educational advancement for certain reasons relating to the marriage, such as to support the career of their spouse or to devote more time to childcare. Furthermore, because rehabilitative alimony is designed only to assist the recipient in achieving a certain level of financial independence, its duration is often shorter than open durational or limited duration alimony. 

Reimbursement Alimony
Reimbursement alimony is designed to recuperate former financial contributions that the recipient made to the educational or professional advancement of their spouse or children. Although this sounds straightforward enough, there are several complications when determining the applicability of reimbursement alimony, such as whether the contribution was made in anticipation of some financial benefit to the receiving party.