New Jersey Info
New Jersey Divorce Start Your Divorce Find Professionals New Jersey Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum New Jersey Products Divorce by County
New Jersey Articles
Agreements Attorney Relationship Custody & Visitation Child Support Collaborative Law Counseling Divorce/General Domestic Abuse Domestic Partnership Financial Planning Foreign Divorce Mediation Parenting Property Division Spousal Support
4 Types of Spousal Support or Alimony
One of the most challenging aspects of any divorce in 1 is the calculation of spousal support (also known as alimony) as there is no formula but rather a series of 13 (and in the opinion of this New Jersey mediator vague) "statutory factors" that are intended to guide the parties. In New Jersey, the 4 types of spousal support are:
In today's article, we're going to focus on permanent alimony. When one thinks of spousal support the idea of one party writing a check comes to mind and with permanent alimony, that's usually the case. But what makes this type of spousal support unique is length of marriage is a primary factor in its determination and how long one would pay alimony (also known as duration in New Jersey divorce mediation parlance) is permanent. Does this mean the party paying the spousal support will pay until they die? Maybe, maybe not... Like most conversations on alimony, "it depends" and that's why divorce mediation is an excellent place to discuss this issue. Permanent spousal support is usually awarded in marriages deemed "long term" which usually means lasting 11 to 15 years or more. And while this does not always guarantee permanent alimony, length is usually one of the factors in its calculation. Notice I keep saying "usually" since there is no formula for calculating spousal support so again, that's why it's best to work it out using divorce mediation. Permanent spousal support continues until one of the parties experiences "a significant change in financial circumstances" which may include retirement by the paying party as well as re-marriage by the receiving party. In both of these cases, the support may be modified or terminated completely depending on the agreement made during divorce mediation.
Another factor in permanent alimony is the earnings of each party. If one party earns $100,000 and the other works part time, chances are the second party will be unable to earn the same as the first so spousal support will be used to help with the difference. As a New Jersey mediator I see this in two scenarios. First the parties have different levels of education and different earning potential. Second (and more common these days) one party has worked outside the home and one party has worked inside the home raising the couples children. Even though both parties may be equally educated and have contributed significantly to the marriage, given today's economic constraints, the reality of pulling a six-figure salary out of the air after being out of the workforce for a long period of time, is virtually nil. So what does all of this mean when calculating permanent alimony? It means it's best to work with a New Jersey mediator who can help you and your spouse determine an appropriate amount of spousal support in your particular case since in the absence of a formula, going to court and leaving your fate to a judge is probably not something you'd even want to consider and I can guarantee you that neither of you will be happy with the outcome.
New Jersey has five types of spousal support. Rehabilitative alimony is a short-term monetary award that allows a spouse to go back to school or obtain training to re-enter the workforce. Limited duration alimony is awarded in cases of a short marriage when rehabilitative alimony doesn't apply. Reimbursement alimony is awarded when one spouse makes a personal sacrifice so that the other spouse could receive professional or career training. Alimony pendente lite is awarded when a divorce is pending so that both parties can maintain their current standard of living until a final judgment is made. Finally, there is permanent alimony which is usually appropriate in long term marriages and typically terminates upon the death of either party or remarriage.
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
|Women's Rights Manual For Divorce
Cover Price: $
Your Price: $29.95
You Save: $26.00
"The Absolute Best Investment in Your Divorce"
|Men's Rights Manual For Divorce
Cover Price: $
Your Price: $29.95
You Save: $26.00
"Uncover Your Options and Unleash Solutions"
© 1996 - 2019 Divorce Source, Inc. All Rights Reserved.