Alimony is one of the most contentious issues in New Jersey divorces. Most financially-dependent spouses want to ensure they walk away from the marriage with a stable financial foundation. On the other hand, spouses being asked to make alimony payments may be less than enthusiastic about handing over money to someone with whom they are no longer in a relationship.
Whatever the case may be, disputes relating to alimony payments can be easier to resolve when both parties have a complete understanding of how this issue is approached by New Jersey courts. One of the most important things to understand is the distinction between durational and limited duration alimony. Of course, your best bet is to consult with a qualified, experienced divorce attorney in New Jersey to approach this situation in the most efficient way possible.
What is Open Durational Alimony?
Durational alimony was formerly known as “permanent alimony.” As the name suggests, durational or permanent alimony can potentially last for a very long time. In fact, durational alimony has no fixed end date. Generally speaking, durational alimony is awarded when the marriage has lasted a considerable length of time – usually 20 years or longer. Durational alimony is only considered by the courts when it is obvious that a spouse will never have the ability to become self-supporting after the marriage has ended.
While durational alimony can last a long time, it is often no longer required after the paying spouse reaches full retirement age. While durational or permanent alimony was once very common in New Jersey, courts are considerably less likely to award it today.
What is Limited Duration Alimony?
Limited duration alimony is also sometimes referred to as “term alimony” in New Jersey. This type of alimony only lasts for a predetermined amount of time. At a certain point, alimony payments will stop, and the spouse who is receiving these payments is expected to become self-sufficient. Limited duration alimony commonly lasts half the length of the marriage. For example, if you were married to your spouse for nine years, you may be asked to pay four and a half years of limited duration alimony. That being said, many factors can impact the length of limited duration alimony, including the age of any children in the family.
How Does the Court Choose Between Open Duration or Limited Duration Alimony?
The length of the marriage is the main factor that courts take into account when choosing between open duration or limited duration alimony. If your marriage has lasted for more than 15 years, you start to veer towards the territory of open duration alimony. On the other hand, New Jersey courts today tend to award open duration alimony almost exclusively to spouses who have been married for more than 20 years. An “intermediate term marriage” of between six and 15 years is likely to result in limited duration alimony. Finally, marriages that have only lasted between zero and three years are unlikely to result in any form of alimony.
Enlist the Help of a Qualified Divorce Attorney in New Jersey
If you need New Jersey Alimony Attorney or any other divorce-related issue, reach out to Giro, LLP, Attorneys at Law. We can help you achieve a favorable legal outcome.
