Both spousal support and alimony are both terms that we use to really say the same thing. In New Jersey we have four types of alimony; we have open-duration alimony and open-duration alimony was previously known as permanent alimony, we have limited-duration alimony, rehabilitative alimony and reimbursement alimony. Open-duration alimony and limited-duration alimony are the most common.
Looking to whether alimony is appropriate, we look to the factors in the statute and we begin with the party’s need and the other party’s ability to pay. We also consider the duration of the marriage as the alimony in a marriage that is less than 20 years, is limited to the number of years of the marriage. This does not mean that if you’re married for ten years you get ten years of alimony, but it does mean that the alimony cannot exceed ten years so it may be negotiated for a lesser period of time.
There are exceptions that will affect the duration of the alimony and they include the age of the parties at the time of the marriage or civil union, the duration or degree of dependency of one party or another or if a spouse has a chronic illness.
New Jersey attorney Cynthia Ann Brassington is certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney, and regularly helps people to resolve their divorce-related issues, from property division, to child support, and custody. To learn more about Cynthia and her practice visit www.LinwoodFamilyLaw.com.
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