Many marital settlement agreements provide that a payee spouse shall receive what is legally classified as “limited duration alimony” from the other spouse. While not “permanent”, alimony of a limited duration is designed for a situation where the payee spouse contributed to a generally short-term marriage where the marriage itself displayed indicia of a marital partnership, and the payee spouse has skills and education enabling him or her to return to the workforce. LDA is oftentimes distinguished from other forms of alimony known as “reimbursement alimony” and “rehabilitative alimony,” which are more tailored to facilitating the payee spouse’s ability to earn or to make that spouse whole for sacrifices made during the marriage.
The question then becomes, for the purpose of this blog entry, can LDA be extended, especially where the term was agreed to in a settlement agreement. N.J.S.A. 2A:34-23(c) allows for modification of the amount of LDA, but it also prohibits modification of the term of payment except in the case of the broadly termed “unusual circumstances.” The Appellate Division recently took up this issue in the unpublished (not precedential) decision of Rothfeld v. Rothfeld. There, the parties entered into a settlement agreement providing the Wife with four years of LDA, at $500 per week. Also contained in the settlement agreement was the Wife’s representation that she would be able to continue the standard of living that she enjoyed during the marriage because, in addition to her alimony payments and assets received via equitable distribution, she was able to earn income.