Did You Know
Divorce Resources - Maleski Eisenhut & Zielinski, LLC, Flemington NJ

No Advantage -

The spouse who files for divorce first, does not have an upper hand or advantage in the outcome of alimony, child support or custody.

Alimony

In New Jersey, there are several different forms of spousal support, also referred to as alimony. These include: permanent alimony, limited duration alimony, rehabilitative alimony and reimbursement alimony.

Permanent Alimony - This form of alimony continues for an indefinite period of time, but does not necessarily last forever.  It is generally appropriate for marriages which are considered "long term" and where one spouse is unable to earn income, which is similar to that of the other spouse to maintain the lifestyle of the marriage. What is defined as "long term" is determined by a number of characteristics of the marriage. Although alimony continues for an indefinite period of time, a substantial change, such as retirement at normal retirement age, may be a basis to change or terminate the payment of alimony.

Limited Duration Alimony - This form of alimony is paid for a specified period of time. It is generally appropriate for marriages which are not "long term" but where one spouse is unable to earn income which is similar to that of the other spouse.

Rehabilitative Alimony -  The purpose of rehabilitative alimony is to allow one spouse to gain education or experience which will enable that spouse to increase his or her earning power. It is generally short in duration. Rehabilitative alimony may be awarded together with limited duration alimony or permanent alimony.

Reimbursement Alimony - The goal of reimbursement alimony is to reimburse one spouse if that spouse supported the other spouse through an advanced education, with anticipation of participating in the fruits of the earning capacity generated by that education.

In New Jersey the type of alimony depends on your particular circumstances. The attorneys at Maleski Eisenhut & Zielinski, LLC can discuss with you the additional policy reasons the type of alimony that may be applicable in your situation.