Many spouses assume that alimony is automatic after a New Jersey divorce. This is not the case. A new relationship, a prenuptial agreement, or a short marriage may reduce support, end it earlier, or eliminate it entirely. Here are some things to consider, whether you are expected to pay or receive alimony.
Alimony in New Jersey Starts With Need, Not Entitlement
Under New Jersey’s alimony law, N.J.S.A. 2A:34-23, a judge considers 14 different factors when deciding on child support payments, starting with each spouse’s needs and the other spouse’s ability to pay. Other factors include:
- The length of the marriage or civil union
- Each spouse’s age, health, and earning potential
- The standard of living during the marriage
If both spouses are able to support themselves, the judge may award little or no alimony.
Cohabitation: When a New Relationship Ends Support
Cohabitation is a key reason why alimony may be suspended or terminated after divorce. The statute defines it as a mutually supportive, intimate relationship in which a couple takes on duties and privileges commonly associated with marriage. The couple does not necessarily have to live in the same home.
What Courts Look At
- Intertwined finances, such as joint accounts or shared debts.
- Shared responsibility for living expenses.
- Recognition of the relationship by family and friends.
- How often the couple sees each other and how long their relationship has lasted.
- Chores around the house.
- Support promised by the new partner.
The court doesn’t rule out cohabitation based on whether the couple lives together full-time.
Cohabitation Claims Are Easier to Get Heard
In Cardali v. Cardali (2023), the New Jersey Supreme Court held that a paying spouse does not need evidence on every factor to obtain discovery. Solid proof of some factors, such as surveillance of frequent overnight stays or social media posts, may be sufficient.
Since September 1, 2025, courts have used uniform interrogatories for cohabitation disputes. They are applied only after a judge has found a prima facie case, and generally cover the two years prior to the motion being filed.
Waivers: When You Signed Away Alimony
Prenuptial Agreements
New Jersey’s premarital agreement law allows couples to modify or eliminate spousal support. For agreements signed on or after June 27, 2013, the 2013 amendment to N.J.S.A. 37:2-38 makes it difficult to undo a waiver.
The challenging spouse must provide clear and convincing evidence that they were not aware of the terms of the agreement when they signed it, or that the terms were unconscionable. This includes evidence of:
- Lack of full and fair disclosure of financial information from the other spouse, and lack of written waiver of this disclosure.
- Lack of adequate knowledge of the other spouse’s financial situation, which could not have been reasonably obtained.
- Failure to consult with independent legal counsel or obtain written waiver from counsel.
Simply feeling that a waiver is unfair at the time of divorce is not enough to set it aside.
Marital Settlement Agreements
Spouses can also waive alimony, or agree that it ends on certain events in a marital settlement agreement. Courts treat those terms as binding contracts. In Quinn v. Quinn (2016), the Supreme Court enforced a clause ending alimony upon cohabitation, even though the relationship later ended. Read each termination clause carefully before signing.
Short Marriages: Less Time, Less Support
New Jersey does not set a minimum marriage length for alimony, but the duration does matter. For marriages or civil unions lasting less than 20 years, the total amount of alimony generally cannot exceed the length of the marriage, unless there are exceptional circumstances. After a short-term marriage, a court may order:
- Alimony for a limited duration, with a fixed term
- Rehabilitation alimony linked to an educational or training plan
- Compensation alimony for a spouse who paid for the other’s higher education
- No alimony if there was little financial dependency
Other Events That End or Bar Alimony
- Remarriage. Alimony ends when the recipient remarries under N.J.S.A. 2A:34-25.
- Certain violent crimes. A spouse convicted of murder, manslaughter, or criminal homicide that caused death or serious bodily injury to a family member after marriage cannot receive alimony, nor can a spouse be convicted of attempting to murder or conspire against the other spouse.
- Adultery, by contrast, usually doesn’t disqualify a spouse. In Mani v. Mani, 183 N.J. 70 (2005), the fault matters only in narrow situations.
Protect Your Alimony Rights With a Local Divorce Attorney
Whether you’re facing a cohabitation motion, reviewing a prenuptial agreement, or ending a short-term marriage, the details determine the outcome. Carvajal Law is part of the North Bergen community and specializes in divorce and related matters, including alimony, child custody, and uncontested divorces.
For more than a decade, the firm has helped families in Jersey City, West New York, Hoboken, Bayonne, Newark, and throughout Hudson County to move through the divorce process quickly and efficiently. Contact Carvajal law today for a free consultation.