If you have done any reading about alimony you have probably learned there are five (5) kinds of alimony recognized as part of laws of the State of New Jersey; permanent, rehabilitative, limited duration, reimbursement and pendente lite. What you may not know is there are other kinds of alimony which attorneys may use to help settle your case. These include trust alimony, lump sum alimony and equitable alimony.

Family law grows on a daily basis. We have statutes which are created by the legislature and we have a body of case law which evolves as a result of decisions written by Judges. Many of these decisions are published and used by Judges and attorneys as precedents to help support a particular legal position. The need for different types of alimony has grown as society has changed. Sometimes the law is 'behind the times'. In certain instances it may take many years for the law to catch up with the norms of society. Alimony is a concept which has changed drastically over the past thirty years.

Our alimony statute sets forth a list of thirteen factors a court must consider when determining whether an individual is entitled to alimony, how much and how long. The courts have the authority to determine what type or types of alimony are appropriate to order in any particular case. However, the courts cannot go beyond the law, whether it be statutory law or case law. The following are the kinds of alimony which are part of our laws in New Jersey:

The five types of alimony above are identified in the New Jersey alimony statute. For years attorneys settled cases using 'term' alimony before limited duration alimony was adopted by the legislature. For years attorneys utilized rehabilitative alimony as a substitute for limited duration alimony, as well. Before the law caught up with the reality of how family lawyers were resolving their cases, attorneys had to be creative to meet the needs of their clients.

Courts in New Jersey have fashioned different kinds of alimony to meet the special needs of a supported spouse. In Jacobitti v. Jacobitti, 263 N.J. Super. 608 (Ch. Div. 1993), the Courts used a trust to assure an elderly and infirm supported spouse would receive her alimony.

Attorneys sometimes settle cases with one of the parties paying a lump sum of money to the payee spouse which may be labeled as alimony or the distribution of marital property. Courts may not have the authority to enter such an award. The award may be structured to offer one of the parties additional tax benefits which may have not been available under a traditional award of alimony.

Attorneys are in a position to fashion equitable forms of alimony to meet the needs of the litigants. As example only, alimony is generally tax deductible to the payer spouse and included as income to the payee spouse. Parties have the flexibility to 're-label' child support as alimony or vice-a-versa. Sometimes settlements can be structured in a manner which is favorable to both parties. Again, courts may not be in the position to entered such awards.

You need an attorney who knows the law and how the law can work for you. An attorney needs to be creative to provide the kind of representation you need. 'Cookie cutter' solutions are not the best answer to a client's problems. If you have questions about alimony or any other issues related to your case, please give me a call.