Alimony, also known as spousal support, is one of the most significant financial aspects of divorce in New Jersey. Whether you are expected to pay or receive alimony, understanding how the court decides can make the difference between a fair outcome and years of financial stress.
What Is Alimony Under New Jersey Law?
Alimony is financial support that one spouse pays to another after a divorce or legal separation. This is governed by N.J.S.A. 2A:34-23, which allows New Jersey courts to make decisions about support based on the unique circumstances of each case. The law has been significantly changed by the New Jersey Alimony Reform Act of 2014, which has eliminated permanent alimony in most cases and introduced new guidelines for how long alimony payments can last.
Factors Courts Consider When Awarding Alimony
Under N.J.S.A. 2A:34-23(b), judges in New Jersey consider at least 13 factors before deciding on alimony. Some of the most significant factors include:
- The length of the marriage
- The income and earning potential of each spouse
- Educational background and employment opportunities
- The standard of living during the marriage
- Parental obligations
- Contributions as a homemaker
- Age and health of both parties
- Financial needs and debts of each spouse
No single factor is definitive. Courts consider the whole picture, which is why it is essential to have a skilled attorney who can present your full financial and personal background.
The Five Types of Alimony in New Jersey
New Jersey recognizes five different types of alimony, each tailored to a specific post-divorce situation:
Open Duration Alimony
Awarded to married couples who have been together for 20 years or more, this support continues until one of the following events occurs: the recipient remarries, one of the parties dies, or the court modifies the order. This replaces what was formerly known as “permanent” alimony, as part of the 2014 reforms.
Limited Duration Alimony
For shorter marriages, the duration cannot exceed the length of the relationship. This type of arrangement supports a spouse who may need time to regain financial independence, but it does not require long-term assistance.
Rehabilitative Alimony
Provides time-limited support while a spouse is pursuing education, training, or acquiring new skills to re-enter the workforce. The recipient must provide a concrete plan for achieving self-sufficiency.
Reimbursement Alimony
Compensates a spouse who has supported the other’s education or career during the marriage, such as by funding a professional degree, and who will not receive any long-term financial benefit from the divorce.
Pendente Lite (temporary) Alimony
During the divorce process, interim support is provided to maintain the financial status quo. This support continues until a final order is made, and it does not reflect the final amount of support that will be awarded.
How Long Does Alimony Last?
The duration of alimony is directly tied to the length of a marriage in most cases. Under the 2014 reform, for marriages lasting less than 20 years, alimony may not exceed the number of years the couple were married. However, courts can deviate from this rule in certain “exceptional circumstances”, as outlined in N.J.S.A. 2A:34-23(c).
Alimony automatically ends when the paying spouse reaches full Social Security retirement age, unless the court decides otherwise. It also ends if the recipient remarries, and it can be changed or ended if the recipient enters into a qualifying cohabitation arrangement under N.J.S.A. 2A:34-23(n).
Payment Rules And Enforcement
Alimony payments are usually made through the New Jersey Probation Division, which monitors and enforces court-ordered financial support. If payments are not made, it can lead to wage garnishment, seizure of assets, or even imprisonment. Either party may return to court to request a modification if there has been a significant change in circumstances, such as a job loss, serious illness, or significant income change.
For tax purposes, please note that, under the federal Tax Cuts and Jobs Act of 2017, alimony payments made under divorce agreements entered into after December 31, 2018 are no longer deductible for the payer and are not taxable income for the recipient.
Why Legal Representation Matters
Alimony disputes can be complex. An undisclosed source of income, a dispute over the value of a business, or a spouse’s choice to work part-time, can significantly affect how a fair settlement will look.
An experienced New Jersey alimony lawyer ensures that all relevant factors are brought to the attention of the judge, so that the court’s decision is based on a complete and accurate understanding of the situation.
Contact Carvajal Law for a free consultation today.