iandoli & edens, llc

Is all alimony the same? Yes, to the extent that money paid and received is just that: money.  However, different types of alimony serve different purposes.

There is pendente lite alimony.  This is support that is paid prior to the divorce being finalized.  It’s paid during the litigation process.  It is a temporary financial solution to maintain the status quo until such time as all of the issues in the case can be resolved and the Final Judgment of Divorce is entered.

There is open durational alimony and limited duration alimony. These two types of alimony serve the same purpose but for different durations.  It is to help the financially dependent spouse maintain, as much as possible, a comparable lifestyle after the marriage that they enjoyed during the marriage.  It is assumed under such an award that the financially dependent spouse is never going to be able to reach the same level of earnings at the supporting spouse and that alimony is necessary.  Whether it’s open duration or limited is discussed in the previous blog in this series.

There is rehabilitative alimony. This form of alimony is paid to a dependent spouse in hopes that he or she will be able to increase their earning capacity after a period of time; and ultimately become less dependent on the supporting spouse.  In order to be awarded rehabilitative alimony the dependent spouse should provide a plan that shows the “the scope of rehabilitation, the steps to be taken, and the time frame, including a period of employment during which rehabilitation will occur.” N.J.S.A.d. Rehabilitative alimony can be modified based on changed circumstances or the nonoccurrence of certain circumstances the Court thought would occur at the time the award was made.  All forms of alimony, except for reimbursement alimony which is addressed below, are modifiable as to amount.

The final form is reimbursement alimony. “Reimbursement alimony may be awarded under circumstances in which one party supported the other through an advanced education, anticipating participation in the fruits of the earning capacity generated by that education. An award of reimbursement alimony shall not be modified for any reason.”  N.J.S.A.e.

If you have any questions regarding alimony and how it relates to your case we are available to discuss your concerns with you, please call our firm at 908-879-9499.