Under current New Jersey law, four different types of spousal maintenance (alimony) may be available in a divorce case, depending on the facts of the marriage:
- Limited duration alimony – For short-term living expenses during and after the divorce to give the spouse a chance (not a guarantee) to work and become self-supporting within a certain and finite period of time
- Rehabilitative alimony – If retraining or education is necessary in order to rehabilitate the spouse before he or she can support themselves.
- Reimbursement alimony – To pay back a specific amount of money paid out on behalf of your spouse during your marriage (for example, if one spouse worked as the sole income earner while the other attended school and tuition was paid).
- Permanent alimony – Rarely awarded, and only in divorces after long marriages in which there is a very large disparity in incomes that is expected to last for the rest of the parties’ lives.
The Woodbridge divorce lawyers at Lyons & Associates can answer your questions about receiving or paying spousal maintenance after a divorce.
Rehabilitative alimony is not an automatic right. The spouse who wants to receive rehabilitative alimony must present evidence to the divorce court judge supporting his or her request for rehabilitative alimony. Circumstances in which rehabilitative alimony may be appropriate include cases where the spouse did not work at all for a couple of years at the end of the marriage or else worked at a job that does not pay a wage high enough to support him or her without the income from the other spouse.
The spouse who wants a rehabilitative alimony reward must submit a proposal to the court, which the other spouse can review and contest. The proposal must include:
- The type of rehabilitative education or training sought
- Why the training or education is necessary
- The specific steps to be taken during rehabilitation
- The time frame
Unlike some other types of alimony, an award of rehabilitative alimony may be changed by the court if the spouse’s circumstances change significantly.
For more information, read the full text of New Jersey’s alimony statute.
Contact the New Jersey Divorce Law Firm of Lyons & Associates for Answers to Questions About Rehabilitative Alimony
At the Woodbridge family law firm of Lyons & Associates, we bring a high level of personalized service and attention to each of our clients, in every family law case we handle. To schedule an appointment to discuss a possible divorce and the likelihood of an alimony award, contact us online or call our office at 908-575-9777.