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

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Alimony — formally called spousal support in New Jersey — is one of the most contested issues in divorce. The 2014 amendments to New Jersey's alimony statute (N.J.S.A. 2A:34-23) significantly changed how courts approach duration, particularly for marriages of less than 20 years.

The Four Types of Alimony in New Jersey

1. Open Durational Alimony

Formerly called "permanent alimony," open durational alimony has no fixed end date. It is available only in marriages of 20 years or more, or in exceptional circumstances for shorter marriages. It terminates upon the recipient's remarriage, cohabitation with a new partner, or a substantial change in circumstances.

2. Limited Duration Alimony

For marriages of less than 20 years, alimony is presumptively limited in duration. The 2014 statute creates a presumption that the duration of alimony will not exceed the length of the marriage — though courts can deviate based on exceptional circumstances.

3. Rehabilitative Alimony

Rehabilitative alimony supports a spouse while they obtain education, training, or work experience to become self-supporting. It is time-limited and tied to a specific plan for rehabilitation.

4. Reimbursement Alimony

Reimbursement alimony compensates a spouse who supported the other through education or career advancement during the marriage. It is not modifiable and does not terminate upon remarriage.

How Courts Calculate Alimony

New Jersey courts do not use a formula for alimony. Instead, they apply 13 statutory factors, including:

• The actual need of the dependent spouse and the ability of the supporting spouse to pay
• The duration of the marriage
• The age and health of both parties
• The standard of living established during the marriage
• The earning capacities of both parties
• The length of absence from the job market of the party seeking alimony
• The parental responsibilities for the children

Modification and Termination

Alimony can be modified upon a showing of a substantial change in circumstances — such as a significant change in either party's income, the recipient's cohabitation with a new partner, or the payor's retirement. The 2014 statute established specific procedures for modification based on retirement.

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