Does New Jersey Have Permanent Alimony?
Whether you believe that you are going to receive alimony after a divorce or you’re pretty sure that you’ll be the one making payments, you probably have some questions. Many people ask our Morristown alimony attorneys how long these arrangements can last. Can New Jersey award permanent alimony in some cases? Here’s what divorcing couples should know.
Can You Be Awarded Permanent Alimony?
Not really. Instead, New Jersey courts can award what is called “open-durational alimony.” It has no specified end date. This type of arrangement is usually only offered to couples who have been married for 20 years or more.
It’s more likely that you or your spouse will be awarded “limited duration” alimony. This won’t exceed the actual length of your marriage in most cases and you will be told how long the arrangement will last when the judgment is handed down.
Is Open-Durational Alimony Permanent Alimony?
Open-durational alimony is not actually permanent alimony because it can end at some point. It’s just that there is no specified end date declared at the time of judgment. Other types of alimony can be awarded and given more specific end dates, but if you are obligated to pay open-durational alimony you may have to come back to court and ask for this arrangement to end at some point.
When Does an Alimony Obligation End?
Of course, you must have a good reason for not wanting to pay your spousal support anymore. Simply getting tired of the obligation is not a good enough excuse. When it comes to open-durational alimony, there are a few solid arguments for ending such an arrangement. You can say that:
- Your former spouse has married someone else
- Your former spouse is now cohabitating with someone else
- Your ex is clearly financially independent now
- You are disabled and unable to work or pay your spousal support
- You have reached retirement age
Never just stop paying your alimony. You have to go to court first and allow everything to be worked out formally.
There is no permanent alimony, but there are some other types of spousal support that could be awarded in a divorce case. Reimbursement and rehabilitative alimony can be awarded along with traditional spousal support and should have defined end dates of their own.
What Does Family Court Consider When Awarding Alimony?
Permanent alimony won’t be offered, but the court will look at a wide variety of factors to determine how long a spousal support arrangement should last. We have mentioned the length of the marriage, but this is far from the only element influencing the judge’s opinion. They may also consider:
- The finances of each spouse
- How dependent one spouse was on the other during marriage
- The property distribution agreement reached during the divorce
- The health of each spouse
- The earning capacities of each spouse
Contact Our Law Firm Today
If you are negotiating the terms of your divorce, don’t go it alone. Our experienced attorneys can help you fight for a fair agreement that keeps your best interests in mind. Contact Lazor Rantas, PC and schedule your consultation today.
