By Jeff J. Horn – Divorce Attorney
Alimony is a court-ordered payment from one spouse to another after divorce, designed to maintain financial stability. But when do alimony payments end in New Jersey? If you’re paying or receiving support, it’s essential to understand the situations in which alimony can legally stop.
At Horn Law Group, we help clients in Toms River and throughout Ocean County manage every phase of the alimony process, from initial agreements to seeking modifications or termination.
Alimony Can End by Agreement or Court Order
The simplest way alimony ends is when the duration set in the divorce agreement expires. This might be a fixed term, such as five years, or tied to an event, like the recipient’s remarriage. However, when alimony is open durational (formerly called permanent), the court must evaluate whether conditions justify ending the obligation.
Retirement Can Justify Ending Alimony
New Jersey law permits the paying spouse to request termination of alimony upon reaching full retirement age, as defined by the Social Security Administration. The court considers whether retirement is made in good faith and whether the payor can still reasonably afford to make payments.
While not automatic, retirement is one of the most common ways alimony payments end in New Jersey.
Remarriage of the Recipient Terminates Alimony
Remarriage of the spouse receiving alimony typically ends the obligation. This rule applies to all alimony types except reimbursement alimony, which may still be owed depending on prior contributions. The paying spouse must file a motion with the court and provide proof of the remarriage.
Cohabitation May Also End Alimony Payments
Even without remarriage, alimony may end if the receiving spouse is cohabitating with a new partner. Cohabitation means a long-term, marriage-like relationship involving shared finances and household responsibilities. Courts in New Jersey consider factors such as shared expenses, public presentation as a couple, and the length of the relationship.
Significant Financial Changes Can Lead to Termination
A substantial and lasting change in financial circumstances may also justify ending alimony. Common examples include involuntary job loss, a permanent disability, or other serious financial setbacks. Temporary issues are usually not enough.
The party requesting the change must show clear evidence and explain why continued support is no longer fair.
Death of Either Party Ends Alimony Automatically
If either the paying or receiving spouse passes away, alimony ends immediately. In some cases, divorce agreements may require a life insurance policy to protect the recipient if the payor dies unexpectedly.
Get a Court Order Before Stopping Payments
Even if both parties agree to end alimony, you must obtain a formal court order. Informal arrangements or verbal agreements are not legally enforceable and could lead to disputes or penalties down the line. Never stop making payments without the court’s approval.
For more information on the termination of alimony, see NJ Rev Stat § 2A:34-25 (2024)
Consult a Family Law Attorney in Ocean County
If you’re unsure whether your situation qualifies for termination of alimony, contact an experienced family law attorney. At Horn Law Group in Toms River, we have guided countless clients through the process of modifying or ending alimony. We understand how these laws apply in real-life situations and can help you navigate the court system with clarity.
Thanks to Horn Law Group, LLC intern Dillon Uhrig
Photo by Alexander Grey on Unsplash