Alimony in New Jersey
Alimony, sometimes called spousal support, can be one of the most significant financial issues in a divorce. Domers Bonamassa Farrow represents clients seeking alimony and clients asked to pay it, in initial divorce cases and in later requests to modify or end support, throughout South Jersey.
Types of Alimony
New Jersey’s alimony statute, N.J.S.A. 2A:34-23, was substantially revised in 2014. A court may award one or more of these types of alimony:
- Open durational alimony, which has no set end date and replaced what was formerly called permanent alimony.
- Limited duration alimony, paid for a set period while the recipient becomes self-supporting.
- Rehabilitative alimony, based on a specific plan for education or training that will allow the recipient to return to work.
- Reimbursement alimony, which compensates a spouse who supported the other through an advanced education. It cannot be modified.
Temporary support may also be ordered while a divorce is pending.
How Courts Decide Alimony
The court must consider all of the statutory factors, including:
- each party’s actual need and ability to pay;
- the length of the marriage or civil union;
- the parties’ ages and physical and emotional health;
- the standard of living established during the marriage, with neither party having a greater entitlement to it than the other;
- each party’s earning capacity, education, skills and employability;
- time out of the job market and parental responsibilities;
- the time and cost of education or training needed to find appropriate work;
- each party’s financial and non-financial contributions to the marriage, including care of the children;
- the equitable distribution of property and income available from investments; and
- the tax consequences of the award.
How Long Alimony Lasts
For a marriage or civil union of less than 20 years, the total duration of alimony may not exceed the length of the marriage except in exceptional circumstances. Those circumstances can include the parties’ ages, a chronic illness, the degree of financial dependency, or one spouse having given up a career to support the family.
How Long Do You Have to Be Married to Get Alimony?
New Jersey has no minimum length of marriage for alimony. A spouse who was married for only a few years can ask for support, and a long marriage does not guarantee it. The length of the marriage or civil union is one of the factors the court must weigh, together with each spouse’s need and ability to pay, and it mainly affects which type of alimony is awarded and how long it lasts.
- Shorter marriages more often lead to limited duration or rehabilitative alimony, if any alimony is awarded.
- Because alimony for a marriage of less than 20 years generally may not last longer than the marriage itself, open durational alimony is generally reserved for marriages of 20 years or more.
- Temporary support can also be requested while the divorce is pending.
The “10-year rule” many people have heard about is not part of New Jersey alimony law. It comes from Social Security, which generally lets a divorced spouse collect benefits on a former spouse’s work record only if the marriage lasted at least 10 years.
Retirement
For alimony awards under the current law, there is a rebuttable presumption that alimony ends when the paying spouse reaches full retirement age under Social Security. A court can continue alimony for good cause based on factors such as the parties’ ages, health and assets, and whether the recipient was able to save for retirement. A paying spouse who wants to retire earlier must show that the retirement is reasonable and made in good faith.
Cohabitation
Alimony may be suspended or ended if the recipient cohabits with another person in a mutually supportive, intimate relationship. Courts look at intertwined finances, shared living expenses and household chores, how the couple is recognized by family and friends, and the length of the relationship. The couple does not need to live together full time for a court to find cohabitation.
Changing Alimony
Alimony can generally be modified when circumstances change substantially. When a paying spouse who is not self-employed loses a job, a request to reduce alimony cannot be filed until that spouse has been unemployed or unable to return to prior income levels for 90 days. The court then considers the reasons for the loss of income, efforts to find new work and both parties’ circumstances. A self-employed spouse must show how the business’s economic and non-economic benefits have changed.
Taxes
For divorce and separation agreements executed after 2018, alimony is not deductible by the payer or taxable to the recipient for federal income tax purposes. Tax treatment can affect how much support is fair, so it should be considered in any settlement.
Related Family Law Pages
Speak With a New Jersey Alimony Lawyer
Whether you are negotiating alimony in a divorce or seeking to change an existing order, request a consultation or call (856) 596-2888.
Disclaimer
This page provides general information about New Jersey law and is not legal advice. Reading it does not create an attorney-client relationship. Laws and court rules change, and the outcome of any case depends on its specific facts.