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Alimony in New Jersey is governed by 14 statutory factors under N.J.S.A. 2A:34-23 that determine whether support is appropriate, what type applies, and how long it lasts. The length of your marriage, the income gap between you and your spouse, and your standard of living during the marriage all drive the outcome. Horn Law Group represents individuals pursuing and defending against alimony claims throughout Ocean County, including Toms River, Brick, Lakewood, Jackson, Point Pleasant, Barnegat, Manchester, and Stafford, at the Ocean County Superior Court Family Division.
New Jersey recognizes four types of alimony. The type awarded depends primarily on the length of your marriage and the purpose the support is intended to serve.
Open durational alimony is available when the marriage lasted 20 years or more. There is no set end date — it continues until the court modifies or terminates it. This is the type most people think of as “permanent alimony,” though New Jersey eliminated that term in the 2014 alimony reform.
Limited duration alimony applies to marriages shorter than 20 years. The court sets a specific end date, and the duration of the award cannot exceed the length of the marriage. For example, a 12-year marriage cannot result in more than 12 years of alimony.
Rehabilitative alimony is short-term support with a specific goal — helping a spouse complete education, job training, or career development needed to become self-supporting. It requires a defined rehabilitation plan.
Reimbursement alimony compensates a spouse who made financial sacrifices to support the other’s education or career advancement during the marriage. It is based on the actual contributions made, not future earning capacity.
For a detailed comparison, see our guide: Types of Alimony in NJ.
New Jersey courts evaluate 14 statutory factors under N.J.S.A. 2A:34-23 when deciding whether to award alimony, what type, and how much. There is no formula — judges weigh each factor based on the specific circumstances of your marriage.
Alimony is not necessarily permanent. Either party can file a motion to modify or terminate alimony when circumstances change, including:
The 2014 alimony reform established specific rules for retirement and cohabitation that did not exist before. Understanding how these rules apply to your case is critical. For more detail, see How Does Alimony Work in New Jersey.
Alimony disputes are among the most financially consequential issues in any divorce. The difference between a well-negotiated alimony agreement and a poorly handled one can mean hundreds of thousands of dollars over the life of the obligation. The attorney who handles your alimony case determines that number.
Our office is located at 801A Main Street, Toms River, NJ 08753. Call (732) 736-9300 to schedule a consultation with an alimony attorney.
Results may vary depending on your particular facts and legal circumstances.
There is no formula for alimony in New Jersey. Courts evaluate 14 statutory factors under N.J.S.A. 2A:34-23 including the length of the marriage, each spouse’s income and earning capacity, the marital standard of living, each spouse’s age and health, and the financial and non-financial contributions each spouse made during the marriage. The judge weighs these factors to determine whether alimony is appropriate, what type, how much, and for how long.
New Jersey recognizes four types: open durational (for marriages of 20+ years, no set end date), limited duration (for marriages under 20 years, cannot exceed the length of the marriage), rehabilitative (short-term support to help a spouse become self-supporting), and reimbursement (compensating a spouse who supported the other’s education or training). See Types of Alimony in NJ for a full comparison.
It depends on the type. Open durational alimony has no set end date but can be modified or terminated. Limited duration alimony cannot exceed the length of the marriage. Rehabilitative alimony lasts until the recipient completes their rehabilitation plan. Reimbursement alimony ends once the contributing spouse is fully compensated. The 2014 reform also established that alimony generally terminates when the payor reaches full retirement age.
Alimony is not automatic. The court must find that one spouse has a need for support and the other has the ability to pay. If both spouses earn similar incomes, have similar earning capacity, and the marriage was relatively short, the court may not award alimony at all. A prenuptial agreement that waives alimony is also enforceable if it was executed properly. Even when alimony is awarded, the amount and duration can be negotiated during settlement.
Yes. Under the 2014 alimony reform, if the recipient spouse cohabits with a new partner in a relationship that resembles marriage, the payor can file a motion to suspend or terminate alimony. The court evaluates factors including shared finances, shared living expenses, the duration of the relationship, and whether the relationship has reduced the recipient’s need for support. Cohabitation does not automatically end alimony — the payor must prove the relationship and its financial impact.
Yes. Either party can file a motion to modify alimony based on a substantial change in circumstances that is permanent and not voluntary. Common grounds include job loss, significant income changes, retirement at full retirement age, serious illness, or the recipient spouse’s cohabitation. The court evaluates the same 14 factors used in the original determination. Temporary changes, like a brief period of unemployment, generally do not justify modification.
