Alimony, also known as spousal support or maintenance, may be ordered during a divorce proceeding in New Jersey. The amount and duration of the alimony will depend on the individual circumstances of the case. Not surprisingly, this can be one of the most contentious issues we deal with during a divorce, which is why an early consultation with an attorney is strongly recommended.
In 2014, then-New Jersey Governor Chris Christie signed into law Bill A845 which drastically changed the law surrounding alimony in New Jersey. One of the five major areas that was impacted was how long a person could receive alimony. Prior to the new law, permanent alimony was often awarded, sometimes in marriages that did not even seem long enough to warrant it. The bill established several distinct types of alimony, including open durational alimony and limited durational alimony.
Open durational alimony and limited durational alimony refer to two types of spousal support that can be ordered or agreed upon during your divorce proceedings. The primary consideration when differentiating whether you qualify for open durational alimony vs. limited durational alimony is the length of the marriage. Open durational alimony is (usually) reserved for marriages lasting more than 20 years.
| Open Duration Alimony | Limited Duration Alimony | |
| Length of Marriage | Reserved (in most cases) for marriages of 20+ years | Marriages 20 years or less |
| End Date | No set end date | Court-ordered or agreed upon end date |
| Expiration | Ends when certain conditions are met, such as the payor retires or dies. May also end when the payee remarries or begins cohabitating with a new partner. | Often ends on the Court ordered date (unless a change in circumstances such as death or remarriage occurs), in most cases cannot last beyond the length of the marriage. |
In addition to these two types of alimony, the Court may award rehabilitative alimony or reimbursement alimony. Rehabilitative alimony is generally awarded when a spouse is completing a college or education program to help them secure more gainful employment.
Reimbursement alimony, on the other hand, is awarded when one spouse supports another financially to enable them to complete advanced education in anticipation of greater earning capacity upon completion.
Open durational alimony is usually only awarded in cases where the marriage lasted for at least 20 years, absent unusual circumstances. When it became law in 2014, it replaced permanent alimony. The law effectively reserved long-term alimony for long-term marriages. Factors that the Court will consider when awarding open durational alimony in New Jersey, include the length of the marriage, the financial situation of both parties, the age and health of the parties, and the standard of living established during the marriage.
It is important to note that simply because a marriage has lasted for over 20 years, does not mean that open duration alimony will always be awarded. The Court still considers other factors when determining whether spousal maintenance should be ordered. Consulting with a family law attorney as early in the divorce process as possible can help to ensure a full understanding of what New Jersey spousal support types may be awarded.
If a marriage lasts for less than 20 years, the Court may award limited durational alimony. However, alimony is never guaranteed. The Court will still take into consideration the individual circumstances of the case to determine whether spousal support is necessary and how long it should be ordered.
Unlike in open duration alimony, limited durational alimony in New Jersey cannot be ordered for longer than the length of the marriage, absent exigent circumstances. Therefore, if the marriage lasted for 15 years, the Court usually will not order alimony payments for over 15 years except in exceptional circumstances. Exceptional circumstances include the ages of the spouses, the degree and duration of dependency of one spouse on the other, the health of the parties, any disabilities, and tax considerations.
No matter which type of alimony the Court awards, it will take into consideration several factors. The Court will weigh the evidence to determine what is equitable given the specific circumstances of the case. If spousal support is ordered, the length of the marriage will usually determine whether open durational alimony or limited durational alimony will be awarded.
Factors that the Court will consider when deciding whether to award alimony:
Alimony in New Jersey, even where there was a long-term marriage, is not guaranteed and may not be for life. A alimony modification may be requested if circumstances have changed since the initial order or the alimony may terminate if a condition is met. Consulting with an experienced alimony attorney is critical to ensuring all modification and termination rules are understood if alimony is ordered in a divorce proceeding.
The duration of the spousal support is usually until the payor’s prospective or actual retirement. However, this presumption is rebuttable. The Court may issue alimony to extend beyond this date if good cause can be shown as to why it should.
Factors the Court considers when overcoming the modification or termination of alimony upon the payor’s retirement in New Jersey:
Alimony may also be modified or terminated if the recipient of the support cohabitates with another partner, remarries, or the payor dies.
Many of the same rules for modification and termination apply for limited duration alimony, except that the Court may also consider any changed circumstances as well. The Court may also modify a limited durational alimony order upon the nonoccurrence of a circumstance or circumstances that were used as a reason to order the support.
When modifications of limited durational alimony are made, the Court will usually modify the amount of support and not the length unless there are unusual circumstances. The length of time that alimony is awarded depends on the individual circumstances of the case, including but not limited to the amount of time it would reasonably take for the spouse receiving the support to improve their earning capacity.
Are you going through a divorce in New Jersey? Are you unsure about whether alimony will be awarded in a divorce proceeding? If you need help navigating alimony in New Jersey, contact Rozin | Golinder law at (732) 377-3367 for representation you can trust.
