Law Lessons from CELINA GONZALEZ-POSSE v. JOSE RICCIARDULLI, 410 N.J. Super. 340 (App. Div. 2009), A-6446-06T3, November 9, 2009:

Courts may award one or more of the following types of alimony: permanent, rehabilitative, reimbursement, or limited duration. N.J.S.A. 2A:34-23(b). See Cox v. Cox, 335 N.J. Super. 465, 474 (App. Div. 2000). Only permanent alimony was recognized by statute prior to 1988, when the Legislature codified the concept of rehabilitative alimony, L. 1988, c. 153, as previously explored by the Supreme Court in Lepis, supra, 83 N.J. at 155-56, and Hill v. Hill, 91 N.J. 506, 509-10 (1982). See Heinl v. Heinl, 287 N.J. Super. 337, 348 (App. Div. 1996). In contrast to rehabilitative alimony, permanent alimony is generally awarded in a marriage of long duration when there is economic need, in recognition of the increased earning capacity of the supporting spouse at the cost of the supported spouse’s lost economic opportunities. Cox, supra, 335 N.J. Super. at 476, 482-83.

By amendment to N.J.S.A. 2A:34-23(b), effective September 13, 1999, the Legislature recognized two additional forms of alimony – reimbursement alimony and limited duration alimony. L. 1999, c. 199. The former, 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. Mahoney v. Mahoney, 91 N.J. 488, 500-01 (1982). On the other hand, limited duration alimony, “is not intended to facilitate the earning capacity of a dependent spouse or to make a sacrificing spouse whole, but rather to address those circumstances where an economic need for alimony is established, but the marriage was of short-term duration such that permanent alimony is not appropriate.” Cox, supra, 335 N.J. Super. at 476. “All other statutory factors being in equipoise, the duration of the marriage marks the defining distinction between whether permanent alimony or limited duration alimony is warranted and awarded.” Id. at 483.

Thus, limited duration alimony represents a form of limited spousal support for a specified purpose, namely to provide economic assistance for a restricted period of time. Gordon v. Rozenwald, 380 N.J. Super. 55, 65 (App. Div. 2005). “The length of a term of limited duration alimony is based primarily upon the historical facts of the marital enterprise, not predictions about future events as is a term of rehabilitative alimony.” Id. at 67. Once the purpose and duration of limited duration alimony are achieved, entitlement thereto ceases.

See related Blog Post, published in the New Jersey Family Law blog.

NOTE: Adwokat / Prawnik Pawel Kostro mowi po polsku.

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