Types of Alimony
The recent alimony law clarified the distinctions between the four types of alimony, but why does the type of alimony matter? It matters for a few reasons. The type of alimony explains the intent of the alimony, the duration of alimony, and whether or not the alimony is modifiable.
General Term Alimony: General term alimony is based on the duration of the marriage, and is modifiable upon a material change of circumstances. General term alimony can be suspended, reduced or terminated when the recipient spouse has maintained a common household with another person for at least three months. General term alimony generally terminates upon the payor attaining full retirement age.
Rehabilitative Alimony: Rehabilitative alimony generally shall not be more than five years, although it can be extended if unforeseen events prevent the recipient spouse from becoming self-supporting at the end of the term. Rehabilitative alimony can also be modified within the five year rehabilitative period.
Reimbursement Alimony: Unlike the other forms of alimony, reimbursement alimony does not follow the traditional calculation where the alimony amount is one-third of the difference between payor and recipient’s incomes. Once ordered, reimbursement alimony shall not be modified.
Transitional Alimony: Transitional alimony shall not last longer than three years, and transitional alimony shall not be modified, extended, or replaced with another form of alimony.