How Long Does Alimony Last in New Jersey?

Whether you’re going through a divorce or have been paying or receiving alimony for years, it’s important to know how the law may affect your finances and future. Our alimony attorneys in New Jersey, led by Angelo Sarno, help clients understand their rights and options. If you’re wondering how long alimony lasts, our family law team at Sarno da Costa D’Aniello Maceri Webb LLC, can answer your questions and help you with all aspects of your case.

What Is Alimony?

Alimony is typically a monthly payment that one ex-spouse pays to the other. It is known as spousal support in some states. It is intended to help the lower earning spouse maintain the lifestyle they were accustomed to living when married, usually when there is a significant difference in income or one spouse has been financially dependent on the other.

Types of Alimony in New Jersey

There are several types of alimony in New Jersey. How long alimony is paid depends on which type applies in your situation.

Alimony Pendente Lite

This kind of alimony is temporary and is awarded early in the divorce process to help maintain the same financial position a couple was in prior to a divorce. It is automatically terminated when a divorce is finalized and may be replaced by another type of alimony.

Open Durational Alimony

Once known as permanent alimony in New Jersey, open durational alimony is usually awarded when a couple has been married for many years. While there’s no fixed end date, this type of alimony can be modified or terminated if there is a significant change in circumstances, including:

• The paying spouse retires at a reasonable age
• The receiving spouse is remarried or cohabitating
• Either spouse experiences a major change in income or health

Open durational alimony is often awarded when one spouse has stayed home to support the household or raise children and their earning potential is limited. If your circumstances have changed and you need assistance requesting an alimony modification or termination, our alimony lawyers can help.

Limited Duration Alimony

The most common type of alimony in New Jersey, limited duration alimony is awarded to give the receiving spouse time to become financially independent. This type of alimony has an end date and doesn’t last longer than the length of the marriage, although there are some exceptions.

Rehabilitative Alimony

Rehabilitative alimony is designed to help the receiving spouse get back on their feet, usually according to a specific plan for self-sufficiency. For example, if an ex-spouse is going to college to earn a degree, the court may award rehabilitative alimony while they attend school.

Reimbursement Alimony

Less common than other types of alimony, reimbursement alimony is given when one spouse supports the other through school or vocational training with the assumption that both spouses would benefit from the investment. If the marriage ends before that occurs, a judge may award reimbursement alimony, which is usually paid in a lump sum or for a specified term.

The Duration of Alimony Payments Depends on Your Specific Circumstances

Alimony can last for a few months or many years, depending on the type of support ordered, the length of the marriage, and other factors. New Jersey courts understand that life happens and circumstances change. When a major life change happens, a paying or receiving spouse may petition the court to modify or terminate an alimony order.

Retirement

Under New Jersey law, a paying spouse can ask to modify or terminate alimony once they reach full retirement age. A judge will review the request and consider factors such as the paying spouse’s financial resources, health, and whether their retirement was reasonable.

Remarriage or Cohabitation

If a receiving spouse gets remarried or enters a domestic partnership, alimony usually comes to an end. In cases where a receiving spouse is living with a new partner, the paying spouse can ask the court to modify the alimony order. Evidence of shared finances and other factors may result in a judge terminating or modifying support.

Income Changes or Disability

If the paying spouse loses their job, their income is significantly decreased, or they become disabled, they may be able to petition the court for an alimony payment reduction or suspension. However, the paying spouse must show that the income decrease was beyond their control.

Conversely, if a receiving spouse gets a large inheritance, begins earning more money, or becomes financially self-sufficient, the paying spouse may ask the court to reduce or terminate alimony payments.

Death

Typically, alimony ends upon the death of either spouse unless the terms of a divorce agreement specify otherwise.

Marriage Length Also Impacts How Long Alimony Lasts

The length of the marriage often plays a major role in determining how long alimony lasts in New Jersey. Generally, if you’re married for less than 10 years, alimony may be awarded for a short period, especially if each spouse works and has the ability to support themselves financially.

Limited duration alimony is common when a couple has been married for 10 to 20 years. In cases where a couple is married for more than 20 years, open durational alimony may be awarded. However, there are many other factors the courts consider when determining alimony payments, including:

• The age and health of each spouse
• Each spouse’s earning capacity
• Standard of living during the marriage
• Financial and non-financial contributions of each spouse during the marriage
• Parental responsibilities

Our experienced family law attorneys understand that each case is unique. We represent clients on both sides of the issue and work to ensure that any alimony that’s awarded is fair and appropriate for the circumstances.

How Our New Jersey Alimony Lawyers Can Help

Financial issues are often the most contentious aspect of divorce. However, including alimony payments as part of your divorce agreement gives both parties the power to negotiate rather than leaving decisions up to a judge. Our family law attorneys can help you negotiate and come to an agreement or assist you with mediation or arbitration if necessary. We ensure that important issues such as whether alimony is modifiable or non-modifiable are addressed and that your divorce agreement is legally sound.

Whether you’re settling issues inside or outside the courtroom, the financial impact of alimony can affect your life for many years. Our family law attorneys are familiar with local courts and help clients navigate the complexities of alimony with compassion, tenacity, and confidence. Whether you’re in the early stages of divorce or looking to modify an existing order, Angelo and our other certified matrimonial attorneys help level the playing field and protect your interests.  

Contact an Alimony Attorney Near You in New Jersey

At Sarno da Costa D’Aniello Maceri Webb LLC, our family law attorneys in New Jersey are dedicated to helping families and individuals resolve disputes in an effective, efficient manner. To learn more, contact us or call  973-274-5200 to schedule a consultation with a New Jersey alimony lawyer today. We offer several convenient locations near you in Roseland, Bridgewater, Hackensack, Morristown, and Eatontown, NJ.