Alimony settlements should work after the case is over.

Alimony in New Jersey

Alimony, also known as spousal support, is a payment made by one spouse to the other following a divorce to address economic disparities that arise from the dissolution of the marriage. New Jersey's alimony statute, N.J.S.A. 2A:34-23source, was substantially reformed in 2014 to provide greater predictability and fairness in alimony determinations. The current law defines four distinct types of alimony, each designed to address different circumstances and needs.

At Simon Law Group, our alimony attorneys represent both paying and receiving spouses in alimony matters throughout New Jersey. We start with the budget, the income record, the marital lifestyle proof, and the statutory factors, because alimony numbers that look simple in negotiation often fail when the tax treatment, housing costs, parenting schedule, and retirement assumptions are tested. When settlement is not possible, the same record becomes the foundation for motion practice or trial.

Types of Alimony in New Jersey

New Jersey law recognizes four types of alimony, each serving a different purpose and subject to different rules.

Open Durational Alimony

Open durational alimony (formerly known as permanent alimony) is generally reserved for cases where the marriage lasted twenty years or more, absent exceptional circumstances. As the name suggests, this type of alimony does not set a fixed end date at the time of the award, but it remains subject to statutory retirement rules, cohabitation claims, death or remarriage issues, and later changed-circumstance applications. The analysis focuses on whether support is needed to help both parties maintain a reasonably comparable marital standard of living when that is possible on the available income.

Under the 2014 reform, open durational alimony may not be awarded in marriages of less than twenty years except in exceptional circumstances. The statute also creates a rebuttable retirement presumption when the paying spouse reaches full retirement age as defined by Social Security law, and the court evaluates the statutory retirement factors before deciding whether to terminate, modify, or continue support.

Limited Duration Alimony

Limited duration alimony is awarded for a specific period of time and is appropriate when the court finds that alimony is warranted but the marriage was not of sufficient length to justify an open durational award. Under N.J.S.A. 2A:34-23(c)source, the term of limited duration alimony may not exceed the length of the marriage unless the court finds exceptional circumstances. In shorter and mid-length marriages, the real dispute is often less about the label and more about the bridge: how long support is needed for the supported spouse to adjust, re-enter or stabilize employment, and meet reasonable expenses.

Rehabilitative Alimony

Rehabilitative alimony is awarded to support a spouse through a defined period of education or training that will enable them to become self-supporting. Under N.J.S.A. 2A:34-23(d)source, the recipient must present a specific rehabilitation plan that identifies the steps to be taken, the time frame for completion, and the expected outcome. This type of alimony is appropriate when a spouse needs to update skills, complete a degree, or obtain professional certification to re-enter the workforce.

Reimbursement Alimony

Reimbursement alimony compensates a spouse who made financial contributions to the other spouse's education or professional training during the marriage with the expectation that both would benefit from the resulting increased earning capacity. Under N.J.S.A. 2A:34-23(e)source, this type of alimony reimburses the supporting spouse for financial sacrifices made during the marriage and may be awarded in addition to other forms of alimony.

Statutory Factors for Alimony

In determining the type, amount, and duration of alimony, the court must consider a comprehensive list of statutory factors set forth in N.J.S.A. 2A:34-23(b)source. These factors include:

• The actual need and ability of the parties to pay
• The duration of the marriage
• The age, physical and emotional health of the parties
• The standard of living established during the marriage and the likelihood that each party can maintain a reasonably comparable standard of living
• The earning capacities, educational levels, vocational skills, and employability of the parties
• The length of absence from the job market of the party seeking alimony
• The parental responsibilities for the children
• The time and expense necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment
• The history of the financial or non-financial contributions to the marriage by each party, including contributions to the care and education of the children and the interruption of personal careers or educational opportunities
• The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income
• The income available to either party through investment of any assets held by that party
• The tax treatment and consequences to both parties of any alimony award
• The nature, amount, and length of pendente lite support paid, if any
• Any other factors the court deems relevant

The 2014 Alimony Reform

New Jersey's 2014 alimony reform changed several recurring issues, but it did not create a formula or guarantee a result. The court still applies the statutory factors to the actual record. Key provisions include:

• Elimination of permanent alimony — The term "permanent alimony" was replaced with "open durational alimony," and its availability was limited to marriages of twenty years or more.
• Duration caps — Limited duration alimony generally may not exceed the length of the marriage.
• Retirement — The statute now provides a presumptive termination of alimony at the paying spouse's full retirement age.
• Cohabitation — The statute codified cohabitation as a basis for modification or termination of alimony, with specific factors for the court to consider in determining whether a cohabitation relationship exists.
• Changed circumstances — The reform clarified that a loss of employment lasting longer than ninety days constitutes a changed circumstance that may warrant a modification of the alimony obligation.

Modification and Termination of Alimony

Alimony orders may be modified or terminated when there has been a substantial change in circumstances. Under N.J.S.A. 2A:34-23source and the framework from Lepis v. Lepissource, the party seeking modification bears the burden of showing a change serious enough to justify revisiting the order. The practical question is whether the old order still fits the current facts, not whether one party simply wants a better number.

Common Grounds for Modification

• A significant and involuntary change in income
• Job loss lasting more than ninety days
• The receiving spouse's cohabitation with another person
• Retirement of the paying spouse at or near full retirement age
• A change in the needs or circumstances of either party
• A material change in the cost of living

Automatic Termination Events

Under New Jersey law, alimony automatically terminates upon the death of either party or the remarriage of the recipient spouse. Additionally, the 2014 reform created a presumptive termination upon the paying spouse's attainment of full retirement age, subject to rebuttal by the recipient.

Tax Implications of Alimony

For divorce agreements executed after December 31, 2018, alimony payments are no longer deductible by the paying spouse and are no longer includable in the recipient spouse's taxable income under federal tax law. This change, enacted as part of the Tax Cuts and Jobs Act of 2017, significantly affects the economics of alimony negotiations. For agreements executed before 2019, the prior tax treatment continues unless the agreement is modified and specifically adopts the new tax rules.

Pendente Lite Alimony

Pendente lite alimony is temporary support paid during the pendency of the divorce proceedings. It is intended to maintain the status quo and help ensure that both parties can meet their financial needs while the case is resolved. Pendente lite support is determined on a case-by-case basis and is not subject to the same detailed analysis as a final alimony award.

Frequently asked questions

Related Family Law Resources

• Family Law Overview
• Divorce
• Equitable Distribution
• Child Support
• Post-Divorce Modifications
• Divorce Mediation

New Jersey Court Resources

• NJ Courts — Divorce Self-Help
• NJ Courts — Family Practice Division

Contact a New Jersey Alimony Attorney

Alimony is one of the most financially significant issues in a divorce, and it should not be negotiated from a rough income estimate or a fear of what the other side might ask for. If alimony is on the table, contact us now; while intake and conflict review proceed, gather pay records, tax returns, Case Information Statements, retirement information, and documents showing monthly expenses. Call (800) 709-1131 or visit our contact page to request a consultation.

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