Alimony Attorney

When a marriage ends, the financial anxiety that follows can feel overwhelming. You may be wondering whether you will receive enough support to maintain a reasonable standard of living, or whether you will be required to pay more than you can afford. Alimony, legally known as spousal support in New Jersey, is one of the most contested and emotionally charged issues in any divorce. At Raghnal Burroughs in Livingston, our attorneys bring a thorough, fact-driven approach to every spousal support matter, so you understand exactly where you stand and what outcome is realistic under New Jersey law.

New Jersey's Legal Framework for Alimony

Alimony in New Jersey is governed by N.J.S.A. 2A:34-23, which was substantially reformed by the 2014 Alimony Reform Act. That legislation changed the landscape in several critical ways: it eliminated the term "permanent alimony," renamed the primary long-term form "open durational alimony," introduced a presumptive duration cap for marriages lasting fewer than 20 years, and codified the courts' authority to modify or terminate support upon retirement.

There is no formula in New Jersey that automatically calculates an alimony amount. Unlike child support, which follows the New Jersey Child Support Guidelines, alimony requires a judge to weigh 14 statutory factors and exercise broad discretion. Our attorneys analyze each factor as it applies to your specific circumstances.

The Four Types of Alimony in New Jersey

New Jersey law recognizes four distinct forms of spousal support under N.J.S.A. 2A:34-23(b). Courts may award one type or a combination, depending on the facts of the case.

Open Durational Alimony

Open durational alimony replaced permanent alimony under the 2014 reform. It is available only in marriages that lasted 20 years or longer. It continues indefinitely, subject to modification or termination if circumstances change, and is designed to recognize that a dependent spouse in a long marriage may have little realistic ability to become fully self-supporting.

Limited Duration Alimony

Limited duration alimony is the most common form awarded after the 2014 reform. It is used when the marriage lasted fewer than 20 years and the dependent spouse needs time to reestablish financial independence. The term of limited duration alimony generally may not exceed the length of the marriage itself, per N.J.S.A. 2A:34-23(c).

Rehabilitative Alimony

Rehabilitative alimony is targeted support to help a spouse obtain education, job training, or re-entry into the workforce. It is usually awarded for a defined period tied to a specific plan, such as completing a degree, earning a certification, or building a client base.

Reimbursement Alimony

Reimbursement alimony is available when one spouse supported the other through advanced education or career development with the expectation of future financial benefit, and the marriage ended before that benefit was realized.

The 14 Statutory Factors Courts Must Consider

Under N.J.S.A. 2A:34-23(b), New Jersey courts are required to consider all 14 of the following factors in every alimony determination:

1. The actual need of the dependent spouse and the ability of the other spouse to pay
2. The duration of the marriage or civil union
3. The age and physical and emotional health of both parties
4. The standard of living established during the marriage and the likelihood that each spouse can maintain a reasonably comparable standard
5. The earning capacities, educational levels, vocational skills, and employability of both parties
6. The length of absence from the job market and the custodial responsibilities for children
7. The time and expense necessary to acquire sufficient education or training
8. The history of financial and non-financial contributions to the marriage, including homemaking and child care
9. The equitable distribution of property ordered and any payouts from current income
10. The income available through investment of assets held by each party
11. The tax treatment and consequences of the alimony award to both parties
12. The nature, amount, and duration of any temporary alimony
13. The needs and obligations of each party, including debt obligations
14. Any other factors the court deems relevant

Duration Rules: The 20-Year Dividing Line

The 2014 reform created a clear presumptive rule: under N.J.S.A. 2A:34-23(c), the term of limited duration alimony shall not exceed the length of the marriage except in exceptional circumstances. A 12-year marriage, for example, would ordinarily support no more than 12 years of limited duration alimony.

For marriages of 20 years or more, open durational alimony applies, and the statute creates no presumptive endpoint. Courts consider the payor's retirement as a presumptive basis for termination once they reach full Social Security retirement age, though this presumption can be rebutted.

Modification, Reduction, and Termination

Retirement

When the paying spouse reaches full Social Security retirement age, the 2014 reform created a presumption in favor of termination or reduction. The receiving spouse may rebut that presumption, but the burden shifts.

Cohabitation

Under N.J.S.A. 2A:34-23(n), alimony terminates or is suspended upon the recipient's cohabitation with another person in a relationship tantamount to marriage. "Cohabitation" is defined broadly and does not require that the parties live together full-time.

Substantial Change in Circumstances

Either party may file a motion to modify alimony based on a substantial change in circumstances, including job loss, serious illness, significant income increase by the recipient, or involuntary reduction in the payor's income.

Tax Implications of Alimony

The federal tax treatment of alimony changed dramatically under the Tax Cuts and Jobs Act of 2017. For divorce agreements executed after December 31, 2018, alimony is no longer deductible by the payor and no longer includable in income by the recipient. Our attorneys work with your accountant or financial planner to structure settlements that account for the true after-tax impact on both sides.

Frequently Asked Questions About Alimony in New Jersey

How is alimony determined in New Jersey?

There is no formula. Unlike child support, alimony is determined by a judge weighing all 14 statutory factors under N.J.S.A. 2A:34-23(b). The most heavily weighted factors in practice are the length of the marriage, the standard of living during the marriage, the earning capacity gap between the spouses, and the dependent spouse's actual need versus the other spouse's ability to pay.

How long does alimony last in New Jersey?

For marriages under 20 years, limited duration alimony generally cannot exceed the length of the marriage under N.J.S.A. 2A:34-23(c). For marriages of 20 years or more, open durational alimony applies and continues until modified or terminated based on changed circumstances such as retirement, cohabitation, or a significant financial shift.

What types of alimony exist in New Jersey?

New Jersey recognizes four types: open durational (long marriages, no fixed end date), limited duration (marriages under 20 years, capped at marriage length), rehabilitative (tied to a specific training or education plan), and reimbursement (compensating a spouse who funded the other's career advancement).

Related Services

Alimony does not exist in isolation. The amount and term of support are directly connected to how marital assets are divided and the overall settlement structure. We encourage you to also review our pages on divorce representation and property division to understand how these issues interact.

Schedule a Consultation

Whether you are seeking support or facing a support obligation, our attorneys at Raghnal Burroughs in Livingston, New Jersey will give you an honest, detailed assessment of your position under current law. Call (908) 941-9319 today to schedule your consultation and take the first step toward financial clarity.