Alimony is a legal obligation that arises during divorce or separation to provide financial assistance to the spouse earning less money and in need of support. If you are facing divorce and your spouse is permanently disabled, you likely have questions about the alimony you will pay and how long you will need to pay alimony.
Types of Alimony in New Jersey
There are five different types of alimony in New Jersey:
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- Temporary Alimony – alimony paid while the divorce is pending often referred to as pendente lite spousal support;
- Open Duration Alimony – often referred to as “permanent” alimony, this usually is granted when a marriage has lasted 20 or more years, but can also be granted where there are extenuating circumstances;
- Rehabilitative Alimony – granted when a spouse needs financial support while acquiring training or education that will lead to financial independence;
- Limited Duration Alimony – often granted to shorter-term marriages; and
- Reimbursement Alimony – granted when one spouse supported the other through advanced education.
Factors Affecting Alimony Duration:
There are several factors considered when the court is determining the type and duration of alimony granted, 14 to be exact. Let’s take a look at the 6 factors that are highly relevant to divorcing a disabled spouse and how those factors will play into the alimony awarded by the court:
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- Actual need and ability of the parties to pay
- Duration of the marriage
- Age, physical, and emotional health of the parties
- Earning capacities, educational levels, vocational skills, and employability of the parties
- Length of absence from the job market of the party seeking support
- History of the financial or non-financial contributions to the marriage by each party
The court will consider these as they make an alimony determination and will likely inquire as to the level of care and support you provided your spouse. This will include assistance provided with daily tasks, such as driving, housekeeping, personal hygiene, and eating. They will also inquire into your spouse’s abilities and the potential for them to earn money.
With New Jersey’s 2014 Tort Reform, the length of marriage consideration limited alimony for those married less than 20 years. The updated law states that for marriages less than 20 years, alimony should not be granted for longer than the length of the marriage, i.e. if you were married for 9 years, alimony payments should not exceed 9 years, however, courts can deviate from this when there are extenuating circumstances. One such extenuating circumstance can be your spouse’s disability.
This means that even if you and your disabled spouse were married for less than 20 years, the court can consider their disability and grant alimony for longer than the length of the marriage or may grant permanent alimony. This is especially significant in those cases when one spouse is officially determined to be permanently disabled and cannot work and support themselves due to that permanent disability.
Be Prepared to Pay Alimony
If your spouse is disabled and cannot work or has a very limited earning potential, the court will likely require you to pay alimony. Depending on the severity of the disability and the support you provided, the court may grant permanent alimony to your spouse to help them obtain the care they need to manage day-to-day tasks.
Divorce is never easy, especially when considering leaving a disabled spouse, but we are here to help. Whether you are the supporting spouse or are the spouse requiring support in such cases, you require representation by an attorney who is well aware of the law and experienced in such unique circumstances. Our team has the experience, compassion, and knowledge to assess your situation and help you understand what to expect during the divorce process.
Contact HD Family Law today to learn more about how we can help you.
