Guide to "Family Law" in New Jersey

Paul G. Kostro, Esq.

 

 ▲Return to General Topic Index
◄Return to Previous Page

Reimbursement Alimony

  1. As stated in Cox v. Cox, 335 N.J. Super. 465 (App. Div. 2000), reimbursement alimony has previously been characterized as not truly support but an equitable creation designed to eliminate injustice. 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. 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." As in the case of rehabilitative alimony, reimbursement alimony may be awarded separately or in combination with any other form of alimony.


  2. Law Lessons from Schwartz v. Schwartz (App. Div., Docket No. A-6948-03T5, November 2, 2005, not approved for publication):

    Reimbursement alimony is appropriate for spouses who have "supported the other [spouse] through an advanced education, anticipating participation in the fruits of the earning capacity generated by that education." N.J.S.A. 2A:34-23(e). Such an award is restricted to repaying the financial benefits that were provided by the supported spouse in the expectation that the couple would enjoy an enhanced standard of living. Mahoney v. Mahoney, 91 N.J. 488, 502-03 (1982). Like rehabilitative alimony, reimbursement alimony is discontinued once its purpose is accomplished. Cox v Cox, 335 N.J. Super. 465, 479 (App. Div. 2000).


  3. Law Lessons from CETIN v. CETIN (App. Div., A-2680-04T2, January 5, 2006, not approved for publication):

    “Reimbursement alimony may be awarded under circumstances in which one party supported the other through an advanced education . . . .” N.J.S.A. 2A:34-23e.

    Generally, courts have ordered reimbursement alimony, consistent with N.J.S.A. 2A:34-23e, in situations where one party supported the other throughout his or her pursuit of an advanced educational goal. See Cox, supra, 335 N.J. Super. at 475 (stating that reimbursement alimony 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”).

    Reimbursement alimony is meant to “recognize past forbearances,” Id. at 480, and a trial court’s authority to award it is permissive. The statutory language in N.J.S.A. 2A:34-23e, indicates that where a specific forbearance exists, the court “may” award reimbursement alimony, whereas other kinds of alimony “shall” be awarded where appropriate. Compare N.J.S.A. 2A:34-23e, with N.J.S.A. 2A:34-23d. Even where the facts of a case satisfy subsection “e,” the court is not obligated to order reimbursement alimony. In addition, although the statute indicates that one party’s educational support of the other during the marriage may warrant reimbursement alimony, the court’s authority to so order is not limited to only situations which satisfy subsection “e.” See N.J.S.A. 2A:34-23f.


  4. Return to General Topic Index

NOTE: If you believe that ANYTHING on this Webpage is misspelled, incomplete, inaccurate or downright wrong; or if a Link fails to link to its intended Webpage, please send me an Email, expressing your concern or opinion.

Also, please be mindful that THE INFORMATION AND SOURCES PROVIDED HEREIN MAY NOT BE ACCURATE OR COMPLETE -- YOU SHOULD CONSULT WITH AN ATTORNEY BEFORE RELYING ON THIS INFORMATION.  No warranties, express or implied, are made regarding the accuracy, completeness, or usefulness of the information.

Also, please be aware that the information on this Webpage DOES NOT constitute LEGAL ADVICE, which advice will only be given in PRIVATE CONSULTATION, after entering into an ATTORNEY / CLIENT RELATIONSHIP, and the execution of a WRITTEN RETAINER AGREEMENT. Also, simply sending to me an email or providing information to me does NOT create an ATTORNEY / CLIENT RELATIONSHIP   -- if you wish to retain me as your attorney or mediator, you are welcome to call me at (908)486-2200, or to Email me, to schedule an appointment.

Links

Linked sites are NOT under the control of the Paul G. Kostro, A Professional Corporation or Paul G. Kostro, Esq. (the "Authors") and the Authors are NOT responsible for the content of any linked site or any link contained in a linked site.

The Authors do NOT endorse websites, companies or entities to which links are provided.

The Authors reserve the right to terminate any link at any time.

If you decide to access any of the third party sites linked to, you do so entirely AT YOUR OWN RISK.

© Paul G. Kostro, Esq. 2005