Rehabilitative Alimony in New Jersey: Here’s What to Know

The goal in any divorce should be to strive for equity.  Most often, this includes some form of spousal support, or alimony, paid by one spouse to the other.  In New Jersey, there are four types of alimony, including rehabilitative alimony.  To understand its purpose, consider the following scenario. 

A couple marries and eventually starts a family.  Assessing their financial situation at the time, they also consider the expenses of childcare, the sustainability of keeping two full-time jobs,  and their careers in the long term.  Choices are made.  One career is put on the back burner while the other progresses. One partner takes on more of the daily responsibilities of child rearing, perhaps taking a part-time job that can accommodate the family schedule. The other is able to prioritize work demands on their daily calendar.  The whole family benefits because the couple is optimizing its resources.  The arrangement works.

But then the marriage ends.  Lawyers for both hammer out agreements on child custody, child support and spousal support.  Assets are divided, property is distributed, and alimony is awarded. Case closed?

Well, not so fast.  In this scenario, it’s obvious that the spouse whose career was allowed to accelerate will be the payer of the alimony.  But what about the recipient, the supported spouse, the one receiving the alimony?  While the alimony compensates for income lost because of the divorce, it doesn’t address the income that might have been earned. In other words, the supported spouse has experienced a setback in earnings because of sacrifices made during the marriage.  As a remedy, courts can award what’s known as rehabilitative alimony.

New Jersey courts recognize that some people will need help narrowing the wage gap that can exist between former spouses after a divorce. That need is distinct from the ongoing, permanent (or open durational) obligation that one spouse has to the other, so a 2014 state law clarified the types of alimony that a supported spouse is able to receive from a supporting, or paying spouse.  Rehabilitative alimony is one of four types of alimony in New Jersey, and it is intended to help level the playing field for some alimony recipients. 

So, What is Rehabilitative Alimony?

Rehabilitative alimony is awarded when a dependent spouse needs more support from the breadwinner to rehabilitate their employment skills or education so they can improve their earning potential. It can be awarded in combination with open duration (or permanent) alimony for couples married 20 or more years, or with limited duration alimony for shorter-term marriages.

Why is Rehabilitative Alimony Awarded?

Rehabilitative alimony, then, is a way for the supported spouse to receive some short-term, additional support that will provide tangible returns. It is appropriate for spouses who need to:

• Address a career interruption, such as one that may have occurred for one partner to be a stay-at-home parent;

• Obtain or complete a professional credential, such as a degree or license that is required for career advancement; or

• Finance refresher courses and training, as a method for updating obsolete skills.

The rehabilitative alimony serves as an investment that leads to measurable gains in the supported spouse’s ability to re-enter the workforce and earn sustainable income. 

3 More Things to Know About Rehabilitative Alimony

When discussing the possibility of rehabilitative alimony with your alimony lawyer, it will be helpful to have a basic understanding of its requirements and distinction from other types of alimony:

1. The Crucial Requirement: A Rehabilitation Plan (N.J.S.A. 2A:34-23(d))

The person seeking rehabilitative alimony must present a plan in which they show the scope of rehabilitation, the steps to be taken, and the time frame, including a period of employment during which rehabilitation will occur. An award of rehabilitative alimony, unlike reimbursement alimony, can be modified based either upon changed circumstances, or if the supported spouse fails to follow through with the rehabilitation plan.

2. Rehabilitative Alimony vs. Other Types of NJ Alimony

In New Jersey, there are three other types of alimony that are used for different circumstances, and it’s possible for a court to determine that rehabilitative alimony can be combined with any of them . When a marriage lasts for 20 years or more, open durational, or permanent alimony might be appropriate. When a marriage lasts for less than 20 years, limited duration or term alimony is applicable.  The third type of alimony is called reimbursement alimony. Reimbursement alimony may be awarded under circumstances in which one party supported the other through an advanced education, anticipating participation in the benefits of the increased earning capacity generated by that education. An award of reimbursement alimony cannot be modified in the future for any reason.

3. Statutory Factors Considered for All Alimony Awards

No matter what type of alimony is awarded, there are factors which the court must  consider before making an award of alimony:

• The actual need and ability of the parties to pay;
• The duration of the marriage or civil union;
• The age, physical and emotional health of the parties;
• The standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living, with neither party having a greater entitlement to that standard of living than the other;
• The earning capacities, educational levels, vocational skills, and employability of the parties;
• The length of absence from the job market of the party seeking maintenance;
• The parental responsibilities for the children;
• The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income;
• The history of the financial or non-financial contributions to the marriage or civil union by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities;
• The equitable distribution of property ordered and any payouts on equitable asset distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair;
• The income available to either party through investment of any assets held by that party;
• The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment;
• The nature, amount, and length of pendente lite (pending the suit) support paid, if any; and
• Any other factors which the court may deem relevant.

4 Tips for Choosing the Right Alimony Attorney in New Jersey

The first step in optimizing your alimony award in New Jersey is knowing how to choose a divorce attorney that’s right for you. As you search for the person who will represent you, these four recommendations can help you find the right fit:

• Research and vet potential attorneys thoroughly. Ask for references and testimonials from past clients.  You do not need to settle on the first firm you contact.  Make appointments with several law offices, then evaluate and compare your experiences.
• Prioritize family law focus and state-specific expertise. Check credentials, and be sure to ask about their track record in both litigation and out of court divorce settlements.
• Assess communication style and firm culture, and pay attention to your first impression as you interact with the firm and its staff. 
• Prepare for your initial consultation with a list of questions specific to your situation and financial needs. Be sure to discuss up front the fees and payment structure, including court costs that may accrue throughout the divorce process.

Get the Legal Help You and Your Family Deserve, With Us

At DeTorres & DeGeorge Family Law, you can find answers to all of your questions about alimony, how it is determined, and how you can secure a financial future for your family after your divorce.  Contact us today to schedule your consultation and discuss your rehabilitative spousal support with an attorney.