Reimbursement alimony in New Jersey
Posted by jefhenninger on January 31, 2010
In Cox v. Cox, the New Jersey Appellate Division explained reimbursement alimony in New Jersey as follows:
Reimbursement alimony has previously been characterized as “not truly support but an equitable creation designed to eliminate injustice.” Louis, Limited Duration Alimony, supra, at 137. See Mahoney, supra, 91 N.J. at 500-01, 503 & n.5. It is intended to compensate a spouse who has made financial sacrifices resulting in a reduced standard of living by enabling the other spouse to forego gainful employment while securing an advanced degree or professional license to enhance the parties’ future standard of living. Id. at 500-01; N.J.S.A.Reimbursement alimony is thus limited to “monetary contributions made with the mutual and shared expectation that both parties to the marriage will derive increased income and material benefits.” Mahoney, supra, 91 N.J. at 502-03. See also Reiss v. Reiss, 200 N.J. Super. 122, 125 (Ch. Div. 1984), aff’d, 205 N.J. Super. 41 (App. Div. 1985) (questioning whether reimbursement alimony is truly alimony as it based primarily on past contributions rather than future needs). As in the case of rehabilitative alimony, reimbursement alimony may be awarded separately or in combination with any other form of alimony. N.J.S.A. 24:34-23f.
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