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Alimony - Changes in the Law in New Jersey
New Jersey Law previously permitted two types of alimony, permanent and/or rehabilitative. The law has recently changed (September 1999) and the amended statute provides for four types of alimony.
Limited duration alimony means that alimony will cease on a certain date.
Permanent alimony will cease upon the death of the husband, death of the wife or remarriage of the wife.
Reimbursement alimony is intended to reimburse one party who supported the other party through an advanced education. It is assumed that the supporting party anticipated participation in the fruits of the earning capacity generated by the education. Basically, this is an attempt to reimburse the person who did not go to school for an advanced degree because they will not benefit from the increased salary or earnings of the person who received the degree.
Rehabilitative alimony is alimony that is paid until the spouse is reasonably able to support herself.
The statute added three new factors to the ten prior factors which must be considered in a request for alimony. The 13 factors are as follow:
There are no monetary guidelines for alimony in New Jersey. The amount of alimony is determined by reviewing the respective budgets of the parties, the child support, college contributions of the parties, each parties earnings and earning capabilities and the 13 factors.
In New Jersey, a separation agreement is any legal document signed by both spouses outlining the terms of the separation. Subjects resolved in a separation agreement can include child support, child custody, debt allocation and asset distribution. Notarizing the document ensures its validity, since there is no such case-type in New Jersey that provides for a "legal separation." Spouses wanting child support during the separation period, however, must file a claim with the New Jersey probation department.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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