There are some situations, however, that make it more likely that you will receive an alimony award. For example, if you have been married for more than 20 years, your case is considered eligible for “open duration” alimony, which means that the alimony term may be without limit and likely will not terminate until at least the retirement of the payor spouse. However, this is still dependent on the parties’ respective financial situations; it is not guaranteed simply because of the length of the parties’ marriage.
In cases in which you have been married for less than 20 years, you may be entitled to limited duration alimony. Again, there must be a need and an ability to pay, but this type of alimony is for a defined period of time. In many cases, family law attorneys may tell their clients to expect that the length of the alimony term will be approximately half of the length of the marriage, give or take a few years. The amount of alimony will be based on the need of the receiving party, and therefore will likely be similar to the alimony in an open duration case.
There is also a form of alimony known as rehabilitative alimony. This is usually agreed upon when one party – in this example, the Wife – has been out of work for a period of time and needs training or education to re-enter the workforce. The rehabilitative alimony would be paid in order to assist Wife with her expenses and needs while attending school or training to re-enter the workforce. This is a less common form of alimony, but it’s a good tool for your attorney to utilize in structuring a creative settlement.
Over all, there is no way to easily calculate alimony in New Jersey. While some states follow a formula to calculate alimony, New Jersey does not. Some attorneys in New Jersey may estimate a potential alimony award based on the parties’ incomes, but to properly analyze the parties’ situations, all of the alimony factors must be considered. Ultimately, if the parties are able to settle their matter, they are able to enter into an agreement that is much more creative than what a judge is able to award following a trial.
Regardless of the type of alimony, there are some instances in which alimony may be terminated or modified. Following the 2014 amendment of the alimony statute, parties who were divorced after the amendment are permitted to file for the termination or modification of their alimony obligations upon obtaining their good faith retirement age and actually retiring. Once they have established these facts, the burden shifts to the person receiving the alimony to prove that alimony needs to continue. For people who were divorced prior to September 2014, the previous law remains in effect. In that situation, the party can make the application upon reaching their good faith retirement age, but they are subject to a different set of factors and the burden continues to remain on the moving party.
If you have questions regarding the potential for you to receive alimony in your matter, contact the attorneys of DeTorres & DeGeorge to schedule a consultation.