Temporary Alimony vs. Permanent Alimony
Alimony can be one of the most important financial issues in a New Jersey divorce. A spouse who has been financially dependent during the marriage may need support while the divorce is pending and after the marriage ends. At the same time, the spouse who earns more may have questions about how long support will continue and whether an alimony obligation can truly last for life.
One important point of terminology is that New Jersey no longer awards “permanent alimony” in new divorce cases. The state replaced permanent alimony with open durational alimony in 2014. New Jersey law also permits other forms of alimony, including limited duration, rehabilitative, and reimbursement alimony. Temporary support, commonly called pendente lite alimony or pendente lite support, is different because it is designed to address financial needs while the divorce case is pending.
At the Law Offices of John B. D’Alessandro, we help clients throughout Union, Essex, and Middlesex counties address alimony issues at every stage of divorce. Understanding the differences between temporary support and post-divorce alimony can help you prepare for the financial issues that may arise during and after your case.
What Is Temporary Alimony?
Temporary alimony is financial support paid while a divorce or other matrimonial action is pending. It is commonly referred to as pendente lite support, which means support “pending the litigation.”
The purpose of pendente lite support is generally to help maintain the financial circumstances of the parties while the divorce is being resolved. It can provide the lower-earning spouse with resources to meet living expenses while the case proceeds rather than requiring that spouse to wait until the final divorce judgment before receiving support. New Jersey courts have emphasized that pendente lite support and post-divorce alimony are legally distinct concepts.
Temporary support is not necessarily an indication of what the final alimony award will be. The court can consider the nature, amount, and length of pendente lite support as one of the statutory factors when determining a final alimony award, but the two forms of support are not simply added together to determine the maximum duration of alimony.
How Is Temporary Alimony Determined?
When deciding whether to award pendente lite support, the court considers the parties’ financial circumstances and the immediate needs of the household. Financial information provided through Case Information Statements and supporting documentation can be important in establishing income, expenses, assets, and liabilities. Temporary support may be particularly important when the spouses have substantially different incomes or when one spouse has historically relied on the other’s earnings to meet the family’s expenses. Because a temporary award is intended to address the parties’ circumstances during the litigation, it does not necessarily resolve questions about the appropriate amount or duration of alimony after the divorce.
What Is “Permanent” Alimony in New Jersey?
For current New Jersey divorces, the term “permanent alimony” is generally outdated. Since the 2014 amendments to New Jersey’s alimony statute, courts may award open durational alimony instead. The statutory change was designed to replace permanent alimony while still allowing support to continue for an indefinite period when the circumstances justify it.
Open durational alimony does not mean that payments are guaranteed to continue for the recipient’s lifetime. It means that the award does not have a predetermined end date in the same way that limited duration alimony does. The obligation can potentially be modified or terminated when legally recognized circumstances arise. For example, retirement, changes in circumstances, cohabitation, or other events may affect an alimony obligation depending on the facts and applicable law.
How Is Open Durational Alimony Determined?
New Jersey courts consider numerous statutory factors when determining whether alimony is appropriate, how much should be paid, and what type of alimony should be awarded. These factors include the actual need and ability of the parties to pay, the duration of the marriage, the parties’ ages and health, the marital standard of living, their earning capacities and employability, periods away from the workforce, parental responsibilities, contributions to the marriage, equitable distribution, available investment income, and the tax consequences of an alimony award. The court must consider the relevant statutory factors and make appropriate findings regarding them.
The length of the marriage is particularly important when determining the duration of alimony. Under current New Jersey law, for marriages lasting less than 20 years, the total duration of alimony generally may not exceed the length of the marriage except in exceptional circumstances.
Limited Duration Alimony Is Different
Limited duration alimony provides support for a specified period. It may be appropriate when a spouse has a demonstrated need for economic assistance but open durational alimony is not warranted. The statute allows limited duration alimony to be modified based on changed circumstances or the nonoccurrence of circumstances anticipated when the award was made. However, the length of the term generally cannot be modified except in unusual circumstances. This distinction is important for anyone trying to determine how long an alimony obligation may actually last. The type of alimony awarded, the length of the marriage, the parties’ financial circumstances, and the language of any settlement agreement can all affect the answer.
Rehabilitative and Reimbursement Alimony
New Jersey also recognizes rehabilitative and reimbursement alimony. Rehabilitative alimony is intended to provide financial assistance while a recipient works toward becoming more self-supporting. The recipient generally presents a plan identifying the education, training, or other steps necessary to improve earning capacity and the expected timeframe for doing so. Reimbursement alimony, in contrast, addresses a different situation. It may apply when one spouse financially supported the other through an advanced education with the expectation of sharing in the increased earning capacity generated by that education. Unlike some other forms of alimony, reimbursement alimony is not subject to modification under the statute.
Can Open Durational Alimony End?
Open durational alimony does not necessarily continue indefinitely. New Jersey law provides several circumstances in which alimony may be modified or terminated. Retirement is one example. The law establishes a rebuttable presumption that alimony will terminate when the paying spouse reaches full retirement age, although that presumption can be overcome if the statutory requirements are satisfied. A paying spouse seeking to retire before full retirement age generally bears the burden of demonstrating that the retirement is reasonable and made in good faith.
Cohabitation can also affect alimony. New Jersey law permits alimony to be suspended or terminated when the recipient cohabits with another person under the statutory definition of cohabitation. Other substantial changes in circumstances may also support a request for modification, depending on the type of alimony and the terms of the existing order or agreement.
Why the Distinction Matters
Understanding the difference between temporary alimony and post-divorce alimony is important because the financial expectations during a divorce can be very different from the final support arrangement. A temporary award can help a financially dependent spouse maintain stability while the case is pending, but it does not necessarily establish the amount or duration of the eventual alimony award. Likewise, a spouse who is paying temporary support should not necessarily assume that the same obligation will continue indefinitely after the divorce. The final determination requires a careful examination of the parties’ financial circumstances, the length of the marriage, their respective earning capacities, and the other factors required by New Jersey law.
Contact an Experienced Union Alimony Lawyer
Temporary alimony and post-divorce alimony serve different purposes in New Jersey divorce cases. Temporary pendente lite support addresses financial needs while the divorce is pending, while post-divorce alimony may take several forms, including open durational or limited duration alimony. Although the term “permanent alimony” is still commonly used, New Jersey generally uses the term “open durational alimony” for awards made under the current law.
The Law Offices of John B. D’Alessandro represents clients throughout Union, Essex, and Middlesex counties in alimony, divorce, and other family law matters. If you are seeking alimony, facing an alimony request, or need to understand how an existing support obligation may be modified or terminated, contact the Law Offices of John B. D’Alessandro to discuss your circumstances and your options.