For years divorcing couples have heard that New Jersey courts do not consider fault when it comes to determining whether alimony should be awarded. This is true. In most cases marital fault is irrelevant to a determination of alimony. However, as the New Jersey Supreme Court stated in the case…
The marital standard of living is the template for the parties post-divorce lifestyle. Alimony is paid from one party to the other to attempt to maintain this marital standard of living post-divorce. The key document in establishing the marital standard of living is the Family Part Case Information Statement (CIS).…
In New Jersey, retirement has always been viewed as a substantial change in circumstances warranting a review of whether alimony should be modified or terminated. In August 2014 Governor Christie signed into law changes in how retirement affects alimony. The new law provides that there is a rebuttable presumption that…
One of the toughest positions to be in for the supporting spouse and the supported spouse is the situation where a supporting spouse loses their job, or their income is reduced. Both households are impacted by the job loss, and if the parties can’t work out an out-of-court agreement an…
The death of a supporting or supported spouse has always been a ground to terminate alimony in New Jersey. Similarly, the remarriage of the supported spouse is a ground for termination of alimony. However, when the supported spouse cohabitates with a third-party at what point does the cohabitation warrant termination…
In 2014 the present caught up with the past, and the term permanent alimony was replaced with the term open durational alimony. The name change was prompted by changes in the way our society thinks about former spouse dependency and post-divorce spousal responsibility. Although the nomenclature has changed the differences…
Limited duration alimony is alimony for a limited period of time (number of years). It is used in marriages where the spouse who will be receiving the alimony needs the money to maintain the marital standard of living for a period of time post-divorce. The notion is that after a…
As its name implies rehabilitative alimony is money paid from one spouse to the other to help “rehabilitate” the spouse receiving the alimony after the marriage is dissolved. Rehabilitative alimony is usually awarded or agreed upon when one spouse has been out of the workforce for a substantial period of…
Of the four types of alimony awarded in New Jersey reimbursement alimony is the most rarely used. It covers the situation where the parties pool their money to send one of them to get an advanced degree which they both intend to benefit from. The classic example of a marriage…
In New Jersey alimony (sometimes called spousal support or maintenance) is an award of money from one spouse (the payor) to their ex-spouse (the payee) after a divorce. The purpose of alimony is to help the spouse receiving alimony (the payee) maintain a financial lifestyle which is reasonably comparable to…