What Types of Alimony Are Available? How Does the Court Determine Spousal Support?

Alimony…it seems like an archaic term, something that’s gone by the wayside as women have become fully integrated into the workplace. Do the courts in New Jersey still grant alimony/spousal support awards? If so, how do the courts determine both eligibility for alimony and the appropriate amount/duration of payments? Are there different types of alimony a court can award?

Alimony—Still Alive and Well in New Jersey

Though the frequency with which alimony awards are granted has diminished, and though the types of awards given tend to be different, parties to a divorce still have a right in New Jersey to ask the court for spousal support. The court may, at its discretion, order either party to a divorce to pay alimony to the other party, based on a wide range of factors, including:

• The length of the marriage—Though there is no minimum requirement, the longer parties have been married, the greater the chances of securing alimony
• The health and age of both parties—For recipients, older age and poorer health weigh in favor of support. For payors, the opposite is true.
• The potential earning capacities of the parties
• The standard of living to which the parties were accustomed during the marriage
• The actual needs of the recipient, in comparison with the ability of the other party to pay
• Whether or not the parties played a significant role in parenting during the marriage
• Whether or not the recipient owns any income-producing property
• The outcome of the property settlement in the marriage

The Different Types of Spousal Support

Though the courts have the discretion to grant an alimony award with an open duration, it’s becoming more common for spousal support to have a limited duration. A recipient whose age or infirmity makes it difficult or impossible to become self-sufficient may receive alimony permanently, but most alimony awards are:

• Temporary—Established for a set period of time…usually a period of years
• Rehabilitative—Put in place until the recipient is able to be self-sufficient, through training, education or career advancement

The Termination of Alimony

Alimony can be terminated or reduced by various events, such as

• The remarriage of the recipient
• Cohabitation by the recipient with a partner in an intimate relationship
• The retirement of the payor

Accordingly, it is critical to properly and tightly draft any alimony provision in the divorce decree.

Contact the Law Office of David M. Lipshutz

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