Legally Speaking ...
Alimony - Neither a Punishment Nor a Reward
By: Anthony V. Locascio, Esq.
In New Jersey, when people get divorced, depending upon the circumstances of the husband and wife, and the nature of the case, the court may award no alimony, or one of four kinds of alimony, to allow the parties to continue to live according to the economic lifestyle established during the marriage.
The four kinds of alimony are: permanent, limited duration, rehabilitative, and reimbursement alimony. To determine which to award the Court considers, among other factors:
a.) the actual need and ability of the parties to pay;
b.) the duration of the marriage;
c.) the age, physical and emotional health of the parties;
d.) the standard of living established during the marriage;
e.) the educational level, earning capacity, and other income available to the parties,
f.) each parties' financial contribution to the marriage, and
g.) the parental responsibilities for the children;
Permanent alimony
is generally appropriate where one spouse, due to child rearing responsibilities, has not worked outside the home for a long term marriage ( at least 10 years) and there is no assurance that the supported spouse would, post divorce, earn enough to maintain the marital lifestyle.
Limited duration alimony
(approximately 2-3 years) is appropriate where there is economic need for alimony but the marriage is of such a short term that permanent alimony is not appropriate.
Rehabilitative alimony
is generally appropriate to provide continuation of income to permit a dependent spouse to return to a career, that had been interrupted by the marriage, in order to achieve economic self-sufficiency.
Reimbursement alimony
is intended to compensate a spouse who has made financial sacrifices, resulting in a reduced standard of living, to enable the other spouse to secure an advanced degree or professional license (such as becoming a lawyer or doctor) to enhance the parties' future standard of living.
Of course, in certain circumstances, where there is no substantial change in positions of the parties, the court may award no alimony. This is generally so where a marriage is of short duration (less than two years) and both parties are young and able to pursue their own careers.
In New Jersey alimony is not automatic; any award of alimony depends upon what the Court finds is fit, reasonable and just under all the circumstances. In other words, Court ordered alimony is wholly contingent on the specific facts of each case.
If you have a general legal question you would like discussed, please type or print clearly and send your question to ... The Journal at PO Box, 422 Colts Neck, New Jersey 07722 or you may email your questions to cnjournal@msn.com or to Anthony at anthony@goldandalbanese.com. The names of persons submitting questions, and the specific subject matter shall be kept strictly confidential.
This article is meant for informational purposes only, and is not legal advice. No representations or warranties are made with regard to the accuracy or content of this information. Always contact an attorney before taking any legal action.
ANTHONY V. LOCASCIO is an attorney with the firm of GOLD, ALBANESE & BARLETTI with offices in Red Bank (732) 936-9901, Morristown, New York and Boston, Massachusetts.
