Divorce is not just an emotionally trying process; it also involves significant financial stress. And for men who have been ordered to pay alimony, that financial stress often continues long after the divorce has been finalized. Family courts generally aim to remain impartial, but as you may already have discovered, some men are ordered to pay unreasonable amounts of alimony or to keep paying alimony for many years. Fortunately, there’s an end in sight. In most cases, New Jersey imposes a time limit on how long alimony lasts.
There are several types of alimony in New Jersey, and each has a different time frame. [MFR] Men’s & Fathers’ Rights Divorce Lawyers can help you make sense of these types of alimony and advocate for your rights during and after a divorce.
Understanding the Types of Alimony in New Jersey
When you’re going through the tumult of a divorce, whether you’ll be ordered to pay alimony may be one of your biggest worries. However, you shouldn’t panic just yet; courts don’t automatically award alimony in every divorce.
The purpose of alimony is to support the lower-earning spouse as they adjust to becoming self-supporting. This means that courts consider each spouse’s financial situation and career potential, along with what happened during the marriage, before making a decision about spousal support.
In New Jersey, there are four main types of alimony:
- Limited Duration Alimony: Spousal support with a set time limit
- Open Duration Alimony: Indefinite spousal support
- Rehabilitative Alimony: Support for a spouse who needs education or training to rejoin the workforce
- Reimbursement Alimony: Support for a spouse who sacrificed money or opportunity to further the other’s career.
How long you have to pay alimony depends, in part, on the type of alimony you’re ordered to pay. Here’s a closer look.
Limited Duration Alimony
A Common — and Complex — Situation
Limited duration alimony is one of the most common types of alimony awarded in New Jersey. It has a time limit that largely depends on the length of the marriage. According to NJ Rev Stat § 2A:34-23, if your marriage lasted less than 20 years, you may not be ordered to pay alimony for a longer period than that of the marriage itself. For example, if you were married for 10 years, the maximum length of alimony payments would also be 10 years.
However, this limit is not absolute. If the court determines that there are “exceptional circumstances,” you may be required to pay alimony for a longer period. The law outlines several considerations the court should make when determining whether these exceptional circumstances are present:
- Your age and that of your spouse (currently and when you were married)
- Whether the marriage hindered one spouse’s self-sufficiency (such as if a spouse left their career to raise children)
- Whether either spouse has a chronic health condition or serious illness
- Whether one spouse became dependent on the other during the marriage
- Whether one spouse supported the other’s career
- Each spouse’s tax obligations
- Whether one spouse received more than the other during property division.
Have you been unfairly ordered to continue paying alimony? You need an experienced advocate. Get in touch with [MFR] Men’s & Fathers’ Rights Divorce Lawyers at (201) 880-9770.
Open Duration Alimony
If your marriage lasted 20 years or more, you might be ordered to pay open duration alimony. This was formerly called “permanent alimony,” but that name is not exactly accurate. While open duration alimony does not have a set end date, the court may terminate it when your spouse no longer needs it or once you reach retirement age.
For example, suppose that you have been ordered to pay open duration alimony after your divorce. Your spouse has been out of the workforce for years while raising your children, and you still have a minor child living at home. In this situation, once the child has reached the age of 18 and your former spouse secures gainful employment, the court may determine you are no longer required to pay alimony.
Rehabilitative Alimony
Rehabilitative alimony is an uncommon kind of spousal support. It’s generally used if your spouse needs time to build up to being self-sufficient. For instance, they might need to earn a degree, complete an internship, and work in their new field for a year or two before their income stabilizes. Notably, most judges will require a spouse to create a plan before awarding them rehabilitative alimony. Once they complete the plan (or if they fail to make any progress on the plan), you likely will not have to continue to pay.
Reimbursement Alimony
This is another relatively rare type of alimony, and it’s typically awarded to reimburse a spouse for an investment in the marriage they were unable to benefit from. That investment could be in the form of a direct financial contribution or a sacrifice of opportunity. One example is if your spouse helped you purchase a business, but you divorced before that business became profitable. Another example is if your spouse stopped working to raise your children. In the latter case, your spouse didn’t directly make a financial contribution, but they gave up potential future earnings to invest in your marriage and your family.
Reimbursement alimony is different from most kinds of alimony in that it’s limited to a dollar amount. It’s often paid in a single lump sum, but if it’s too much to pay at once, you may be able to pay over time.
Worried About Paying Alimony?
At [MFR], We’re Here for You
Divorce is a process full of unknowns, and how long you’ll be ordered to pay alimony is one of them. However, the team at [MFR] is here to offer you advice, guidance, and support. When you have an advocate in the courtroom, you can work toward an outcome that is fair to both you and your spouse.
When a judge is deciding how much alimony you’ll pay, don’t risk going into the courtroom without an experienced lawyer. Call [MFR] at (201) 880-9770 to set up your consultation.
