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What Determines a Spouse’s Alimony?

On Behalf of | Oct 7, 2020 | Divorce |

Our Monmouth County divorce attorneys explain factors that determine alimony in New Jersey divorce cases.

Going through a divorce can have a major impact on every area of your life. In addition to the emotional turmoil you are likely to experience, a divorce can wreak havoc with your finances as well. Alimony can help you adjust while ensuring your needs are provided for. Our experienced Monmouth County divorce attorneys explain some of the factors a judge is likely to consider in awarding alimony in your case.

Your Rights to Alimony in Monmouth County, NJ

When a couple files for divorce, there are numerous financial issues that must be resolved before a final divorce order can be issued. In addition to the division of marital property, assets, and debts, determinations will be made on whether either of the parties is entitled to spousal support, or alimony payments.

Under the New Jersey Statutes, there is no specific formula to determine whether alimony is warranted. Rather, the judge will decide on this matter based on the facts in the case. In making this important decision, they are likely to consider the following:

  • The amount of time the couple was married;
  • Each party’s age and physical health;
  • Their current income and individual earning potential;
  • The individual assets they possess;
  • Their contributions to the marriage;
  • Whether they sacrificed their own career or education for the sake of their spouse.

Common Types of Alimony Awarded in New Jersey Divorce Cases

In addition to determining the amount of alimony, a judge will determine the duration for which it should be received. Common types of alimony awarded through the Monmouth County Courts include:

  • Pendente lit alimony: These are temporary alimony payments awarded early in divorce proceedings pending a final alimony order.
  • Rehabilitative alimony: This is designed to help you while you gain the skills or experience needed to return to the workplace.
  • Reimbursement alimony: As the name implies, this is designed to reimburse one spouse for contributions made to the marriage and to their spouse’s education or career during the years they were together.
  • Limited duration alimony: These alimony payments are ordered for a specific number of years.
  • Open duration alimony: Previously referred to as permanent alimony, these are spousal support payments that have no specific end date. This is typically awarded in long term marriages lasting 20 years or more.

Our Monmouth County Divorce Attorneys Can Help

At Lomurro Law, we provide the aggressive legal representation you need to get the alimony to which you are entitled. Contact our Monmouth County, NJ divorce attorneys and request a consultation today.