There are five basic types of alimony in New Jersey. Courts can award pendente lite alimony, also known as temporary alimony, early in the divorce process or throughout in an effort to maintain each spouse in the same financial position that existed prior to the divorce. Temporary support terminates automatically once a divorce is final. It may be replaced by one or more of the other types of alimony.
Open durational alimony replaced permanent alimony in the alimony reform statute. Like permanent alimony, open durational alimony has no predetermined fixed ending date. Unlike permanent alimony, however, unless exceptional circumstances exist, a court can order open durational alimony only after a long-term marriage.
Unlike permanent alimony, open durational alimony is presumed to end when the paying spouse reaches full retirement age, although this presumption can be rebutted under certain circumstances. New Jersey also offers limited duration alimony. This type of alimony is also sometimes called “term alimony” because it provides for payments to be made for a specific number of months or years, and has a predetermined ending date.
Rehabilitative alimony is a type of alimony that has the purpose of rehabilitating a spouse who needs the financial support to re-integrate into the workforce. Courts order rehabilitative alimony for a specific period of time to help a lower-earning spouse obtain re-education and training necessary to become self-supporting.
Reimbursement alimony reimburses one spouse for financial contributions to the education or career advancement of the other.
Bari Zell Weinberger is the owner and managing partner of Weinberger Law Group in New Jersey. She is Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney.