In some situations, New Jersey courts may order alimony as a part of your divorce decree. Even when it is not ordered, you and your spouse can choose to negotiate alimony as a part of your marital property settlement. For example, there may be tax advantages in providing alimony instead of dividing an asset.
Alimony is also known as spousal maintenance or spousal support. Regardless of the term used, it is essential that you understand your rights and obligations regarding alimony. At the Law Offices of Irwin D. Tubman, LLC, in both Hudson and Middlesex Counties, we have extensive experience in the uses of alimony in divorce settlements.
Types of Alimony
There are three types of alimony in New Jersey:
- Rehabilitative alimony may be awarded when a spouse needs education or training to successfully reenter the workforce.
- Limited duration alimony may be provided in certain situations where permanent alimony is not appropriate.
- Permanent alimony is rarely awarded under the new alimony reform statute.
Either party can seek a change in alimony if there is a significant change in circumstances after the divorce, depending on the terms of the Divorce Settlement Agreement.
There is no formula for determining alimony. New Jersey courts will use general guidelines in determining whether to award alimony and the amount and duration of those payments. Since the alimony guidelines are general, the lawyers of the parties have much greater latitude in fashioning a settlement.