Alimony

Spousal support, more commonly known as alimony, is money that one spouse pays to the other during a separation, while a divorce is in process, or after a final divorce order has been issued.

The purpose of alimony is to limit any unfair effects of the divorce. Alimony helps ensure that the needs of the spouse with fewer financial assets are met and may also allow that spouse to maintain the lifestyle the couple enjoyed before the separation or divorce.

Under current New Jersey law there are several different forms of alimony:

• Pendente lite alimony
• Open durational alimony
• Limited durational alimony
• Rehabilitative alimony
• Reimbursement alimony

The court may grant a combination of two or more types of alimony.

Pendente lite alimony is temporary. Its purpose is to allow the recipient to pay for basic expenses during the divorce proceedings. It may or may not be replaced by another type of alimony when the divorce is final.

Open durational alimony replaced permanent alimony when the Alimony Reform Act of 2014 went into effect. It differs from permanent alimony, which is no longer granted in New Jersey, in two important ways:

1. Open durational alimony can only be granted for a marriage that lasted more than 20 years; permanent alimony did not have this requirement.
2. Unlike permanent alimony, open durational alimony is presumed to terminate upon retirement unless the recipient is able to convince the Court that the alimony should continue. Previously the burden was on the payee to show why it should end.

Limited durational alimony, which is also known as durational alimony or term alimony, has a specific ending date. The Court has the option of extending it, but since the Alimony Reform Act of 2014, the duration of this type of alimony cannot exceed the length of the marriage.

Rehabilitation alimony is awarded as part of the spousal support to enable a spouse become self-sufficient. For example, it might be awarded to allow the spouse to return to school or to have time to find a job.

Reimbursement alimony is sometimes awarded when one spouse contributed to the other spouse’s education or training and the marriage did not last long enough for the one who contributed to benefit financially from that education or training.

See NJ Rev Stat § 2A:34-23 (2016): Alimony, maintenance

There is no set formula that automatically determines if someone will get alimony. When considering whether to award alimony and how much to award, however, New Jersey Courts consider the length of the marriage to be an important factor. It became even more important since the Alimony Reform Act.

When alimony ends depends upon the length of the marriage.

Under the new law—except in unusual circumstances—if a couple was married less than twenty years, the supporting spouse is not obliged to pay alimony for a longer period of time than the length of the marriage.

As noted in the previous section, if a marriage lasted more than twenty years, the dependent spouse is eligible for open durational alimony; permanent alimony did not have the 20-year requirement.

In marriages that lasted more than twenty years, open durational alimony is presumed to terminate when the supporting spouse reaches full retirement age. This is a rebuttable presumption. The burden is on the dependent spouse to convince the court that alimony should be extended.

Even in marriages that only lasted a year, the court might decide that unusual circumstances, such as the chronic illness of the dependent spouse, require an extension of the duration of the alimony.

If a dependent spouse remarries, alimony payments automatically end. The supporting spouse is no longer obliged to continue making spousal support payments. This is true no matter which type of alimony was in effect.

Also, termination that occurs when the dependent spouse remarries is permanent. In other words, even if this new marriage ends in divorce, the original supporting spouse is no longer obliged to pay spousal support.

On the other hand, if the supporting spouse remarries, he or she must continue to make alimony payments.

See NJ Rev Stat § 2A:34-25 (2016): Termination of Alimony

As time goes on, a change in circumstances might lead to the need to reduce alimony payments if you are the supporting spouse or to have your payments increased if you are the dependent spouse. If both agree to the modification, then there is no problem. An agreement would be drawn and the two parties would sign it.

If one of them objects to the change, the party requesting the change must file a motion with the court. That motion must describe the change in circumstance. It must also show that the change was involuntary, permanent, substantial, and unanticipated.

These are some of possible situations that might lead someone to file a motion to modify or terminate spousal support:

• Your income decreased substantially.
• Your ex-spouse remarried.
• The cost of living rose substantially.
• Your income depended on a business that failed.
• The income of your ex-spouse substantially increased.
• Your compensation package lost a lot of its value.
• You recently retired.
• You developed an illness or disability that affects your ability to earn money.

Modification of alimony is another area that saw a change with the passage of the Alimony Reform Act. Before that time, if a supporting spouse filed a motion to reduce the amount of alimony, he or she had to prove that the change was necessary. With reform the burden of proof shifted to the dependent spouse, who must convince the Court that the reduction should not be granted.

If you need assistance with the termination or modification of alimony in New Jersey, contact Aretsky Law Group, P.C. Our seasoned divorce and family law attorneys will draft and file the necessary motions and will work vigorously to obtain favorable results.

See NJ Rev Stat § 2A:34-23 (2016): Alimony, maintenance remedies

Alimony is not awarded in every divorce. If your ex-spouse is seeking spousal support and you do not believe he or she is entitled to those payments, contact a qualified New Jersey divorce attorney.

See NJ Rev Stat § 2A:34-23 (2016): Alimony, maintenance

New Jersey courts do not follow a specific formula in calculating spousal support. Instead they consider various factors, which are detailed in New Jersey statutory law.

Since the Alimony Reform Act of 2014 went into effect, New Jersey courts must take these factors into consideration when determining the amount and duration of alimony:

1. As noted previously, the duration of the marriage is an important factor. Except in unusual circumstances, the longer the marriage, the longer the duration of spousal support. Under 20 years, alimony can only last as long as the marriage lasted.
2. The age and physical and emotional health of each party are very important factors.
3. The Court considers the standard of living established during the marriage.
4. The Court determines the dependent spouse’s requirements to maintain the standard of living enjoyed during the marriage.
5. The Court also takes into consideration how payments would affect the standard of living of the supporting spouse. Would the resulting effect be equitable?
6. The income of each spouse, including from equitable distribution of marital property, is an important factor.
7. The potential of each spouse to earn a living is considered. This includes such factors as how long the dependent spouse was out of the work force and whether further education and/or training is necessary to enable that spouse to again enter the work force.
8. Each party’s parenting responsibilities are another consideration.
9. How each contributed to the marriage; this includes not only financial contributions, but also parenting and homemaking ones.
10. Tax consequences to each may be considered.
11. And any other factor deemed relevant by the Court.