Divorce FAQs - Spousal Support

In this third installment of our Divorce FAQs, we will address spousal support questions.

What is spousal support?

Traditionally called, “alimony,” spousal support is court-ordered financial support during a separation and/or following a divorce. There are different sub-types with different periods of time for each.

Open Durational Alimony continues until the receiving spouse remarries or cohabitates with someone else, or the paying spouse reaches retirement age. In order for a spouse to be granted open durational alimony, the marriage must have lasted longer than 20 years, or the qualifying spouse is otherwise financially dependent on the other, due to disability or lack of skills.

Limited Duration Alimony may be given to a spouse until a qualifying event occurs, such as starting a new job. The duration of these payments is also limited to the length of the marriage, so a spouse may only receive alimony for 10 years if the marriage lasted 10 years.

Rehabilitative Alimony is granted when a financially dependent spouse needs to complete training or other education before (re-)entering the workforce. The duration of payments is limited to the expected amount of time needed to complete training.

Reimbursement Alimony is granted to a spouse who provided financial support to the other during a period of training or education and is expected to financially benefit from the related increase in earning capacity.

In alimony settlements, the amount awarded and the duration for which it will be paid depends on several factors, including:

·       The length of the marriage

·       The amount of child support awarded, if applicable

·       Each party’s income earning capacity, including education, job training, and employability

·       Each party’s actual expenses and ability to pay

·       Each party’s contributions to the marriage (financial and non-financial)

·       Division of assets

·       Tax consequences of alimony

·       The length of time the spouse seeking alimony has not worked

·       Any passive income received by either party

·       Each party’s age and overall health

·       The parties’ standard of living during the marriage

What is palimony?

Some couples cohabitate for the duration of their relationship, without formally marrying. As with a marriage, one partner may become financially dependent and seek financial support upon the termination of the relationship. While palimony is recognized in New Jersey and tried in family court, the qualifying circumstances are usually more difficult to prove than in a legal marriage.

Not to sound too lawyerly, but every case is different, and consulting a qualified attorney to help you understand your rights is always advisable. Our team of experienced attorneys at Gray Law Group is standing by so contact us today to discuss your circumstances.