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.
What Replaced Permanent Alimony in New Jersey
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.
Open Durational Alimony in New Jersey
In most instances, open durational alimony is available for New Jersey spouses who were in a marriage or civil union lasting 20 or more years. While this is generally the standard, it’s important to understand that this award is not automatic, as the Central New Jersey courts, like the Monmouth or Middlesex County Superior Courts, will examine a number of factors when determining whether or not to award alimony, and if so, the duration of payments.
Open durational alimony is commonly misunderstood to be “permanent” because it does not have a fixed end date. However, this type of alimony is not guaranteed to remain in effect forever. It can be modified or terminated in events like remarriage, retirement, or substantial changes in circumstances.
Key Characteristics of Open Durational Alimony
- Generally applies to marriages lasting 20 years or longer
- Does not have a fixed end date at the time of the divorce
- May be modified or terminated when the paying spouse retires at full retirement age
- May be terminated when the recipient spouse remarries
- May be modified or terminated if a substantial change in circumstances occurs for either spouse
Other Types of Alimony Available in New Jersey
Because no two divorces are the same, it’s important to understand that there are different types of alimony the court may award based on each couple’s unique needs and circumstances.
Limited Duration Alimony
- Typically awarded in marriages that lasted less than 20 years
- Set for a specific period of time
- Intended to help the lower-earning spouse financially adjust to the new circumstances
- Duration is determined by the length of the marriage and the earning disparity
Rehabilitative Alimony
- Intended to help the lower-earning spouse become self-supporting
- Commonly includes a plan approved by the court
- May cover education, training, or the cost to obtain certifications
- Ends once financial independence is obtained
Reimbursement Alimony
- Often awarded when one spouse helps financially support the other’s education or training
- Not intended as ongoing financial support
- Provides compensation for specific, documented financial contributions
- Common in cases involving degrees or certifications
What Factors Do New Jersey Courts Consider When Awarding Alimony?
Alimony is not an issue in every divorce, as it’s determined in a case-specific manner. 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
Is Alimony Automatic in a New Jersey Divorce?
Unfortunately, there is a common misconception that, during a divorce, the lower-earning spouse will automatically receive alimony. This is far from the truth. In reality, alimony must be requested, and even then, the court will examine whether or not the spouse truly needs assistance and the paying spouse’s ability to make alimony payments. As such:
- Alimony is decided on a case-by-case basis
- The courts evaluate need and ability to pay
- Not every divorce will result in an alimony award
Contact Our Central New Jersey Divorce Attorneys
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 help those throughout Central New Jersey fight for the best possible outcome. Contact us today to learn how our firm can help you.
