Most people going through a divorce have at least one incorrect belief about how spousal support works in New Jersey. This misconception can cost them – either by leading them to accept less than they are entitled to, or by causing them to demand something that the law simply will not provide. Alimony in New Jersey is not automatic, it is not permanent by default, and it is not just for wives.
Myth #1: Alimony Is Automatically Awarded in Every Divorce
This one is wrong. Alimony is not guaranteed when you divorce in New Jersey. Courts review a list of statutory factors under N.J.S.A 2A:34-23 before any award is made. A judge looks at things like each spouse’s actual financial need, the length of the marriage, the standard of living during the marriage, and whether the requesting spouse has the ability to become self-supporting.
A short marriage between two working spouses often leads to no alimony at all. The length, need, and economic differences all matter. None of these factors alone guarantees support.
Myth #2: Only Wives Receive Spousal Support
New Jersey law is clear on this matter. Alimony is not determined by gender. Either spouse can request alimony, provided they can prove financial need and the other spouse’s ability to pay. The court does not take gender into account when determining the amount or length of the award.
The same rules apply to civil unions and domestic partnerships. If you are the higher earner in a marriage, you may be the one who writes the check – regardless of gender.
Myth #3: There’s a Set Formula for Calculating Alimony
People often assume that alimony works like child support, with a calculator and a number that pops out at the end. New Jersey does not use formal alimony guidelines. There is no statewide chart, no mandatory formula, and no fixed percentage of income that the court is required to follow.
Instead, judges weigh a full list of factors according to N.J.S.A. 2A:34-23(b). These include:
- The actual need and financial ability of each spouse
- The length of the marriage or civil union
- Each party’s earning capacity and vocational skills
- The standard of living established during the marriage – not a guaranteed minimum, but a benchmark that courts consider
- How long one spouse has been out of the workforce and what it will take to get back
- The health and age of both parties
Because there’s no formula, two judges can look at the same case and arrive at different numbers. This is exactly why experienced legal representation is important in New Jersey in alimony disputes.
Myth #4: Spousal Support Lasts Forever
The term “permanent alimony” has largely been replaced in New Jersey law. For marriages lasting under 20 years, alimony is generally capped at the duration of the marriage. A ten-year marriage typically will not result in a ten-plus year alimony award. The court may find reasons to deviate from this cap, but must provide written justification for doing so.
For longer marriages, there is open durational alimony – but even that is not untouchable. Courts retain the authority to modify or terminate alimony if circumstances change. Reaching full Social Security retirement age now provides a recognized basis for seeking review. Retirement does not automatically terminate alimony, but it does open the door to modifications.
Myth #5: Remarriage Is the Only Way to End Alimony
Remarriage does not terminate alimony. However, it is not the only factor. Under N.J.S.A 2A:34-23 (n), alimony may be suspended or terminated if the recipient lives with a new partner, even if they are not married.
New Jersey courts look at factors such as shared finances, joint living expenses, and whether the relationship is socially recognized as a committed partnership. Crucially, the court does not require couples to live together full-time. Extended stays, shared expenses, and mutual financial dependence may be enough. A payer has the right to petition for modification if cohabitation occurs.
Myth #6: You Can’t Modify a Spousal Support Order
You can. If there has been a significant change in circumstances – a job loss, a serious health event, or a substantial change in either party’s income – either spouse can go back to court and request a modification. The change must be real and sustained, not temporary. However, courts do revisit support orders when the facts on the ground change.
Agreeing to terms during a divorce doesn’t mean that everything will stay the same forever. The law takes into account the fact that financial situations can change over time.
Talk to a Hudson County Alimony Attorney
Spousal support or alimony is one of the most misunderstood aspects of New Jersey divorce laws. If you have questions or concerns about alimony in your specific situation, please contact Carvajal Law to schedule a free consultation. Our team of experienced attorneys will be happy to answer any questions and provide personalized advice based on your unique circumstances.