Alimony

Alimony is not an issue in every divorce, but when it is an issue it can be a significant consideration and a great source of conflict. The Capehart Scatchard Family Practice Group has extensive experience in negotiating and, when necessary, litigating alimony issues.

There are four primary types of alimony:

  • Pendente Lite Alimony— temporary alimony to maintain the marital status quo as the divorce proceeds;
  • Limited Duration Alimony —alimony for a fixed number of years after the divorce;
  • Open Duration Alimony — ongoing support to a spouse until death or remarriage; and
  • Rehabilitative Alimony — short-term alimony designed to enable a spouse to return to school or establish self-sufficiency.

Some cases involve more than one type of alimony. For example, rehabilitative alimony and limited duration alimony may both apply to one case. The amount and length of alimony is based upon a number of statutory factors and well-established case law. Retirement, cohabitation, illness and other changes in circumstances may arise after the divorce which will impact the continuation of alimony. Alimony is usually paid on a straight payment schedule but it may also be paid on a declining payment schedule. In some cases, a single lump sum up-front alimony payment can be agreed upon between the spouses.

Ms. Goldstein worked alongside New Jersey Legislators between 2012 and 2014 when the New Jersey Alimony Statute was revamped and she testified at the New Jersey State Legislative Hearings prior to passage of the Amended Statute in 2014.