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Support between spouses in New Jersey is referred to as alimony, but may be awarded in one or more of the following types of alimony: open durational, limited duration, reimbursement, or rehabilitative. Alimony in New Jersey is based on the consideration of 14 factors, but there is no set formula for an award.
Open durational – Alimony which may be awarded for marriages of at least 20 years, with no fixed end date.
Limited durational – Alimony which may be awarded for a set time-period with specific expiration date, usually for a duration that does not exceed the length of the marriage.
Reimbursement – Alimony which may be awarded to a spouse who supported the other through obtaining advanced degrees, such as medical school or law school, with the expectation of a shared future benefit.
Rehabilitative – Alimony which may be awarded temporarily and to help a party obtain training or education to become self-supporting.
NJ also has pendente lite support, usually awarded on a temporary basis during the pendency of divorce litigation.
Alimony payments often cease upon the payor reaching retirement age, or the payee cohabitating or getting remarried. Alimony awards are usually modifiable upon a significant change in circumstances.
Support between spouses in Pennsylvania is referred to differently depending on case filing status. It may be called spousal support, APL, or alimony:
Spousal support – Payments for the support of a dependent spouse whether or not a divorce complaint is filed is called spousal support. Spousal support is not guaranteed, is based on need, and may be denied if the payor spouse raises “Entitlement Defenses.”
Alimony pendente lite or APL – Once a divorce matter is filed, support for a spouse is considered alimony pendente lite or APL. It is a calculated amount paid from the higher earning spouse to the lower earning spouse to ensure both parties can afford living expenses and legal costs.
Alimony – After a divorce decree is entered, support is considered alimony. Alimony is granted based on consideration of 17 factors. It is also needs based and there is not a mathematical calculation to determine the appropriate amount. Alimony is essentially a secondary remedy; it is only awarded if the court deems it necessary because the division of the marital estate cannot adequately support the lesser earning spouse. Cohabitation and marriage after divorce is a bar to alimony.
Support between spouses can become complicated, such as when parties are self-employed or income is difficult to discern, when parties are underemployed and an earning capacity needs to be assigned, and in various other case-specific situations that may arise.
At BKW Family Law, we have decades of experience helping parties successfully litigate support matters in both Pennsylvania and New Jersey. We represent clients through all aspects of family law with tenacity and dedication, offering dependable legal assistance. Speak with a spousal support attorney about your case by scheduling a consultation.