Rehabilitative alimony in New Jersey

In Cox v. Cox, the New Jersey Appellate Division explained rehabilitative alimony in New Jersey:

 Rehabilitative alimony permits a short-term award “from one party in a divorce [to] enable [the] former spouse to complete the preparation necessary for economic self-sufficiency,” Hill v. Hill, 91 N.J. 506, 509 (1982); Milner v. Milner, 288 N.J. Super. 209, 213-14 (App. Div. 1996), “and ceas[es] when the dependent spouse is in a position of self-support,” Hughes v. Hughes, 311 N.J. Super. 15, 31 (App. Div. 1998). Rehabilitative alimony thus represents an appropriate remedy where, for example, “a spouse who gave up or postponed her own education to support the household requires a lump sum or a short-term award to achieve economic self-sufficiency.” Mahoney, supra, 91 N.J. at 504. Its purpose is to “enhance and improve the earning capacity of the economically dependant spouse.” Frank Louis, Limited Duration Alimony, 11 N.J. Fam. Law. 133, 135 (1991). The focus of rehabilitative alimony is upon the ability of a dependant spouse to engage in gainful employment, combined with the length of the marriage, the age of the parties, Heinl, supra, 287 N.J. Super. at 346-48, and the spouse’s ability to regain a place in the workplace, Cerminara v. Cerminara, 286 N.J. Super. 448, 460 (App. Div.), certif. denied, 144 N.J. 376 (1996). It is not to be considered an exclusive remedy, as “[r]ehabilitative alimony in addition to permanent alimony is favored, where appropriate.” Hughes, supra, 311 N.J. Super. at 32.

Posted on January 31, 2010, in Articles and tagged . Bookmark the permalink. Leave a comment.

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