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Alimony - The Need For and Fear Of
New Jersey permits by statute two types of alimony, permanent and/or rehabilitative alimony. The statutory criteria for an award of alimony consists of many factors which are set forth below:
When a dependent spouse is of a certain age without the training or skills to become self-supporting or to learn those skills, the Courts will generally award alimony on a permanent basis until death or remarriage. When the dependent spouse is able to learn skills to become self-supporting, the Court will award rehabilitative alimony for a period of time sufficient to enable the spouse to obtain the requisite skills. The Family Part Judge can order a combination of those two types of alimony. A third type of alimony exists which the Court cannot order but which the parties can agree in an out-of-court settlement. Term alimony is alimony for a specific number of years which does not necessarily relate to permanent or rehabiliative factors.
The computation of the amount of alimony is one of the most troublesome aspects of family law. Many "breadwinner" spouses have a real fear of alimony and on the contrary, many dependent spouses refuse alimony on principle. However, once the principles of alimony are understood, a workable amount can be computed. The beginning point is too analyze a reasonable budget comparable to that enjoyed during the marriage. When there are insufficient funds to accomplish that goal, the theory becomes one of reducing the lifestyles in a comparable fashion. There are no monetary guidelines for alimony in New Jersey. Therefore, the respective budgets, the child support and college contributions of the parties, as well as each parties' earnings or earning capabilities, determines the amount of alimony.
If the divorce is being filed under one of the seven fault grounds (including extreme cruelty, adultery, abandonment, substance or alcohol addiction, institutionalization, deviant sexual conduct and incarceration), the 18 month separation period, required for a no-fault divorce, is waived. However, each ground for divorce has its own stipulations.
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