By Susan Buckner, J.D. | Legally reviewed by Susan Buckner, J.D. | Last reviewed June 27, 2024
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
Alimony, or spousal support, is a payment made by one ex-spouse to the other following divorce or legal separation. In New Jersey, alimony payments only last until the recipient spouse no longer needs support. Alimony isn’t always guaranteed. New Jersey laws have a list of factors judges can consider in determining the amount and duration of alimony awards.
New Jersey recently changed its alimony laws. N.J.S.A. 2A:34-23(b) gives the factors judges use to determine child support and alimony. The biggest change to the laws was the duration of support. The new factors help determine if a spouse needs a permanent alimony award.
Gender is not a factor in the duration or amount of alimony. Couples in a civil union or domestic partnership have the same right to alimony as those in a "traditional" marriage. Couples with a written palimony agreement may also make an alimony request.
Judges base the duration of alimony on the length of the marriage or civil union. Long-term marriages are more likely to receive extended awards. They consider other factors during the divorce process before ordering financial support.
Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.
New Jersey alimony laws consider the recipient spouse's financial needs and the payor spouse's ability to pay. Other support payments, such as child support and alimony payments from previous marriages, are also factors.
Judges may consider the following:
Duration of the marriage
Standard of living
Present earning capacity and employability of both parties
Current income and living expenses of both parties
Age and health of the parties
Education, employability, and job skills of the parties
Tax considerations for both parties
Parental responsibilities to any minor children
Any other factors necessary for making an alimony award
Some people cannot receive alimony awards. Spouses convicted of violent crimes (murder, manslaughter, criminal homicide, aggravated assault) against a family member of the former spouse during the marriage cannot receive alimony or other support from former spouses. This includes attempted homicide or conspiracy to commit murder if the ex-spouse was the intended victim.
It may seem obvious, but New Jersey courts won’t make a former spouse pay alimony to someone who tried to murder them.
New Jersey recognizes four types of alimony. A fifth type, pendente lite alimony, is a court-ordered payment from the higher-earning spouse to the lower-earning spouse to keep the parties on equal footing during the divorce. Pendente lite alimony awards don’t use the factors above. They’re limited to the recipient spouse's immediate needs, like food, housing, and legal fees.
Other types of alimony include:
Open durational alimony: As the name implies, this alimony has no end date. Unless exceptional circumstances exist, it’s only awarded in marriages longer than 20 years. Open durational alimony usually terminates when the recipient reaches retirement age.
Limited duration alimony: This is short-term alimony that can’t exceed the duration of the marriage. It has a set end date and helps the recipient spouse become self-supporting.
Rehabilitative alimony: Term-limited alimony helps the recipient get education or training to re-enter the job market. It may have a termination date, or it may be a lump-sum award that pays for training classes or other education.
Reimbursement alimony: Technically, this is not "alimony" but repayment for support or other contributions the recipient spouse made to the payor spouse. The support could have been monetary, such as paying for education or caring for the household. Reimbursement alimony may also come out of the marital property division.
For more information related to this topic, visit the links below.
Alimony is not guaranteed when you divorce. If you think you deserve spousal support, or you're a paying spouse and need to modify or terminate alimony payments, contact a New Jersey alimony attorney for information.
Contact a qualified attorney.
Get tailored divorce advice and ask a lawyer questions. Many attorneys offer free consultations.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.