Frequently Asked Questions about Divorce Mediation

• How does alimony work?

   

  Unlike child support, there is no formula to work from when determining alimony.  You can find the NJ statutory criteria here.  Some of the factors would include the length of the marriage, income of each of the spouses, lifestyle and other needs.  Not every divorce will have alimony involved.  There has to be a need for support and it has to be requested.

   

  And, if spousal support is provided, it might not be paid forever.  There are a few kinds of support:

   

  • Permanent or long-term alimony
    • For a marriage of longer duration or where one spouse is especially financially dependent on the other
    • Usually terminates when the either spouse dies or the receiving spouse remarries or cohabitates
    • Can be modified for changed circumstances of the spouses
  • Term or limited duration alimony
    • Alimony paid for a specific amount of time, generally "the length of time it would reasonably take for the recipient to improve his or her earning capacity to a level where limited duration alimony is no longer appropriate."
    • Usually for a shorter-term marriage
    • Cannot be ordered by a court, but can be agreed to in an out of court settlement such as mediation
    • Can be modified for changed circumstances -- the amount, but not the duration
    • Usually terminates when the either spouse dies or the receiving spouse remarries or cohabitates
  • Rehabilitative alimony
    • Intended so the receiving spouse can attend college or get training to gain a new skill in order to become financially independent
    • The receiving spouse must put forth a plan to achieve rehabilitation, which must include:
      • The steps taken to achieve rehabilitation
      • The time frame which shall include a period of employment during which the rehabilitation occurs
    • Can co-exist with permanent alimony and permanent alimony can be requested after the rehabilitative period
    • Can be modified for changed circumstances of the spouses
    • Continues until the receiving spouse is rehabilitated
    • Generally does not terminate upon remarriage, but does terminate upon the death of either spouse
  • Reimbursement alimony
    • Valid when:
      • One party supported the other through an advanced education in anticipation of enjoying in the enhanced earning capacity generated by that education
      • Or to compensate a supporting spouse who has suffered a loss or reduction of support, or has incurred a lower standard of living in the future
    • Based on the amount of money spent by the supporting spouse at the time, and not on the enhanced future earning capacity of the other spouse
    • Cannot be ordered by a court, but can be agreed to in an out of court settlement such as mediation
    • Generally does not terminate upon remarriage, but does terminate upon the death of either spouse

   

  Mediation allows the spouses to agree on the form of support that best fits your situation.  The danger in litigating a divorce is that a judge will arbitrarily set the amount of alimony.  If you asked 10 different experts, you would most likely get 10 different answers since every judge and lawyer (or human being) come with built in biases and perceptions.

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