Sad woman's hand removing a wedding ring after an argument with husband

Alimony, also known as spousal support, is a court-ordered payment in which one spouse provides financial support to the other following a divorce. During divorce proceedings, you may be ordered to pay alimony, or you may be entitled to receive alimony. Whatever the case may be, it’s crucial to understand that alimony may be ordered for a finite period, or it could be ordered on a more permanent basis subject to certain triggering events that may end it. Please continue reading to learn whether New Jersey offers permanent alimony and how our experienced Monmouth County Spousal Support Attorneys can help guide you through these complex matters. 

Does New Jersey Offer Permanent Alimony?

In the past, permanent alimony was offered in some divorce cases, requiring the paying party to financially support their former spouse until either party passes away or the recipient remarries. However, the laws governing alimony have changed in recent years. As of 2014, new provisions have replaced “permanent alimony” with “open durational alimony.” The bill changed the terminology to more accurately describe that this type of alimony is not necessarily permanent. New Jersey no longer offers permanent alimony to those dissolving their marriage. Instead, you can petition for open durational alimony,

With this reform, the duration of alimony will last no longer than the length of the marriage. Open durational alimony typically continues indefinitely unless the recipient remarries, the recipient retires at full retirement age, or there is another significant change in circumstances that would warrant an alimony modification or termination. It’s important to note that open durational alimony usually applies for marriages lasting 20 years or more.

What Factors Will the Court Consider When Awarding Alimony?

Alimony is not an issue in every divorce, as it’s determined in a case-specific manner. Many believe that the lower-earning spouse will automatically receive alimony. However, the court will assess whether the spouse needs this financial support and whether the other spouse can afford to pay it. The following include but are not limited to some of the factors the court will consider when awarding alimony:

  • The duration of the marriage
  • The age and health of each party
  • The income and earning potential of both parties
  • The standard of living established during the marriage
  • Whether or not one spouse is financially dependent on the other
  • Any other relevant factors

If you are worried about paying long-term alimony or are concerned that you won’t receive the alimony to which you believe you are entitled, contact a proficient Monmouth County spousal support attorney who can advocate for your interests. At Paone Zaleski & Murphy, we are prepared to provide quality legal guidance to get you the best possible outcome for your case.