How Alimony Works in New Jersey

New Jersey has no formula for alimony. A judge decides whether alimony is appropriate, and how much and for how long, by weighing the factors in N.J.S.A. 2A:34-23, beginning with one spouse's actual need and the other's ability to pay. Since the 2014 amendments, alimony for marriages under 20 years generally may not last longer than the marriage itself, absent exceptional circumstances.

What types of alimony are there?

The statute recognizes four types, and a court can combine them:

• Open durational alimony has no set end date. It replaced what used to be called "permanent" alimony and is most often seen after long marriages.
• Limited duration alimony lasts for a set period, typically after shorter or mid-length marriages.
• Rehabilitative alimony supports a spouse for a defined period while they complete education or training to re-enter the workforce, based on a specific plan.
• Reimbursement alimony repays a spouse who supported the other through education or training that increased the other's earning power, with the expectation of sharing in the benefit.

Temporary support while the divorce is pending, called pendente lite support, is separate. It is generally meant to preserve the financial status quo until the case is resolved.

How do courts decide amount and duration?

N.J.S.A. 2A:34-23(b) lists the factors, including:

• The actual need and ability of the parties to pay.
• The duration of the marriage or civil union.
• The age and physical and emotional health of each spouse.
• The standard of living during the marriage and the likelihood that each spouse can maintain a reasonably comparable standard.
• Each spouse's earning capacity, education, skills and employability.
• The length of absence from the job market of the spouse seeking support.
• Parental responsibilities for the children.
• The time and expense needed to acquire education or training to obtain appropriate employment.
• The history of financial and non-financial contributions to the marriage, including care of children and the home.
• The equitable distribution of property and any payouts already received.
• Investment income from assets each spouse holds.
• The tax treatment and consequences of the award.

No single factor controls, and there is no official chart. Lawyers and mediators sometimes use rules of thumb as a starting point in negotiation, but courts decide on the evidence.

The 20-year rule

For marriages and civil unions of less than 20 years, the total duration of alimony generally may not exceed the length of the marriage, unless the court finds exceptional circumstances. For marriages of 20 years or more, open durational alimony is available but not automatic.

Taxes

For divorce agreements and orders executed after 2018, alimony is not deductible for the payer under federal law and is not taxable income to the recipient. Older agreements may follow the prior rules unless they were modified to adopt the new treatment.

When does alimony end?

Alimony generally ends when either spouse dies or when the recipient remarries or enters a new civil union, though some forms of alimony are treated differently. It can also be suspended, reduced or ended on these grounds:

• Retirement. For orders entered after the 2014 amendments, there is a rebuttable presumption that alimony ends when the paying spouse reaches full retirement age, generally the age at which full Social Security benefits are available. Orders entered before the amendments are evaluated under a different set of considerations.
• Cohabitation. If the recipient is in a mutually supportive, intimate relationship that resembles marriage, the court can suspend or end alimony. Living together full time is not strictly required; courts look at shared finances, shared responsibilities and how the couple presents itself.
• Changed circumstances. A significant, lasting change in either spouse's finances can justify modification. See our page on modifying orders after divorce.

Courts can also require the paying spouse to maintain life insurance to secure the obligation.

How does alimony interact with the rest of the divorce?

Alimony is negotiated alongside everything else. A larger share of marital property can affect how much alimony is needed, and child support is generally calculated after alimony is accounted for in each parent's income. Our guide to how divorce works in New Jersey shows how the pieces fit.

Talking to a lawyer about your situation

Whether you expect to pay or receive alimony, the outcome depends on the details: the length of the marriage, each spouse's real earning capacity, and the life you built together. A consultation can help you understand the realistic range under New Jersey law and how to present your circumstances clearly.

Gray Law Group is based in Jefferson and serves clients in Morris, Sussex, Warren and Passaic counties and throughout northern New Jersey. You can request a consultation to talk through your situation.