In New Jersey, a spouse may be entitled to ongoing financial assistance from his/her former spouse during the divorce process or litigation and after the divorce. This monetary support can be requested by either party. The court may require one spouse to make temporary payments to the other while the divorce is pending. This is called pendente lite spousal support. After the divorce, alimony may be paid for a short or long period of time, a limited time or indefinitely. There are four types of alimony in New Jersey; permanent (more appropriately defined as indefinite), rehabilitative, limited duration, and reimbursement. Whether support is awarded depends upon factors such as (1) length of the marriage; (2) the income and earning ability of each party; (3) the educational background of each party; (4) the extent to which a party may have had his or her education or career interrupted by raising children; (5) the physical and emotional health of the parties; and (6) other financial and personal circumstances of each party as set forth in our state statutes. Which type of alimony, if any, might be appropriate in your case will depend upon many facts and factors that will have to be determined, weighed and analyzed before an opinion on alimony can be rendered by any attorney. Alimony may be modified at any time based on a substantial change in circumstances of one of either party. Retirement, at or after the age of 65, is generally considered a change in circumstances which requires a review and possibly modification of alimony. There is currently legislation pending before the New Jersey Legislature which may change the nature of alimony in the State of New Jersey. If you require more information about alimony, please contact our office to schedule a consultation with one of our experienced divorce and family law attorneys.
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