What is open durational alimony?

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Posted By | March 3, 2020 | Articles

Alimony has its place in all divorces. There are many different types to suit a couple’s situation. One defunct term that is now six years old in New Jersey is permanent alimony, which may sound ominous. If your ex is entitled to alimony permanently, that sounds like your divorce just dinged your monthly income for the rest of your life. Or if you are on the other side and need the support – that it will be a reliable fixture in your income. 

But the courts are here to sift through the respective details of your case and afford you and your former partner a fair outcome from the split. That is why the terminology was changed to open durational alimony. New Jersey statute reserves this for long-lasting marriages. Other forms of alimony cannot be extended beyond the length of the marriage. If you were married for 15 years, you can get alimony for 15 years and no more. 20+ year marriages are considered long enough to open up this type. 

It is designed to assist those who are in need of regular financial assistance due to any number of factors: income after the marriage, ability to work, debts and health can all be accounted for and the alimony can exist for as long as needed. The term change though is important since it dispels the permanent implications and opens either party to appeal the courts for a review. If the alimony receiver has risen up above their original means or the payer has fallen below, it may be time to reorient the agreement. Both parties can officially end it as well. 

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