Alimony in New Jersey: Types, Duration, and How Courts Decide

Alimony in New Jersey

Alimony — also called spousal support — is one of the most contested issues in New Jersey divorce proceedings. The law was significantly reformed in 2014, eliminating permanent alimony in most cases and introducing clearer guidelines.

Types of Alimony in New Jersey

Open Durational Alimony replaces what was formerly called permanent alimony and is available only in marriages of 20 years or more. It has no fixed end date but can be modified or terminated upon changed circumstances. Limited Duration Alimony is for marriages under 20 years, and the duration generally cannot exceed the length of the marriage. Rehabilitative Alimony supports a spouse while they obtain education or training to become self-supporting and has a specific plan and end date. Reimbursement Alimony compensates a spouse who supported the other through education or career advancement during the marriage.

Factors Courts Consider

New Jersey courts evaluate 13 statutory factors when determining alimony, including the actual need of the dependent spouse and the ability of the other to pay, the duration of the marriage, the age and health of both parties, the standard of living established during the marriage, each party's earning capacity, education, and employability, the length of absence from the job market, parental responsibilities for children, and the equitable distribution of marital assets.

Modification and Termination

Alimony can be modified if there is a substantial change in circumstances — such as job loss, serious illness, or the recipient's cohabitation with a new partner. Under the 2014 reform, alimony automatically terminates upon the payor's retirement at full Social Security retirement age, absent exceptional circumstances.

This article is for general informational purposes only and does not constitute legal advice.