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What are the Types of Alimony? How do you Calculate Alimony?


Video Transcription

Alimony is simply not just alimony. Alimony is made up of limited duration alimony. Alimony is also made up of rehabilitative support. Alimony is also made up of long term alimony. But there has been recent changes to alimony that also limits what your possible alimony could be.

Calculating alimony is also not so straight forward, but what you have to do is you have to look at your marital lifestyle and you have to look to what did you and your husband or you and your wife enjoy during your marriage and alimony would be based, again it’s not a straight calculation but it’s based upon what your marital lifestyle was, and what we would need to do is to first fill out what is called a case information statement, which is a ten to twelve page document, and in that, we tell the court and we will also tell the other party and as well as the other litigate, what are your assets, what are your debts, what is the expectation for you to be receiving so that you can maintain this lifestyle.

Additional New Jersey Alimony Legal Information

Are there different kinds of alimony?

Yes. New Jersey has four different kinds of alimony: limited duration, rehabilitative, reimbursement, and permanent. These four different kinds of alimony can be awarded individually or in any combination as warranted by the circumstances of the parties.

Can a person request alimony after a divorce is complete?

In many divorces, neither party receives any alimony because the dependent spouse has sufficient income to be self-supporting and to maintain a reasonable standard of living. However, that could change due to unforeseen circumstances such as serious illness and an inability to work. In this type of case, the sick spouse can file an application for alimony even though the judgment of divorce did not provide for any. If the case has merit, then the court sets a plenary hearing to determine whether an award of alimony should be made. The court examines the financial situation of both parties, the standard of living enjoyed during the marriage, the sick spouse’s current prognosis, and any other relevant factors.

If a spouse who pays alimony remarries, does this terminate the obligation to pay alimony?

If the spouse who pays alimony remarries, then the remarriage does not terminate the alimony obligation. If the payor spouse remarries and claims an inability to support the former spouse, this factor alone is not a sufficient change of circumstances to justify a decrease in alimony.

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