New Jersey Spousal Support FAQ

What’s the difference between temporary and permanent alimony in New Jersey?

Temporary alimony, also called pendente lite support, is paid while your divorce is pending. It maintains the financial status quo until the final judgment.

Permanent alimony has been largely eliminated in New Jersey since the 2014 alimony reform. The term “permanent” was misleading because it was never truly permanent.

Now we have several types: open durational alimony (for marriages of 20+ years), limited duration alimony (for shorter marriages), rehabilitative alimony (to help a spouse become self-supporting), and reimbursement alimony (to payback a spouse who supported the other through education or training).

Open durational alimony can last indefinitely but isn’t necessarily “permanent.” It can be modified or terminated based on changed circumstances.

How do New Jersey courts calculate the amount and duration of alimony?

New Jersey doesn’t use a formula for alimony like it does for child support. Courts have broad discretion.

Judges consider 14 statutory factors under N.J.S.A. 2A:34-23. These include the actual need and ability to pay, the duration of the marriage, the age and health of both parties, the standard of living during the marriage, each party’s earning capacity, the education and employability of each spouse, parental responsibilities, and contributions to the marriage (including as homemaker).

The court also looks at the time and expense necessary for education or training to become self-sufficient. Tax consequences matter too, though federal tax law changes in 2019 eliminated the alimony deduction for new divorces.

The goal is to help the dependent spouse maintain a lifestyle reasonably comparable to the marital standard of living. But comparable doesn’t mean identical.

Duration typically relates to the length of the marriage. For marriages under 20 years, limited duration alimony usually doesn’t exceed the length of the marriage. But there are exceptions based on individual circumstances.

Can alimony be modified after the divorce is finalized?

Yes, but only if your judgment specifically reserves the right to modify. If alimony is non-modifiable by agreement, you’re stuck with that term.

To modify alimony, you must show changed circumstances that are substantial, continuing, and weren’t contemplated when the original order was entered. Common examples include job loss, serious illness, disability, or significant income changes for either party.

Voluntary retirement at normal retirement age is considered a changed circumstance under the 2014 reform law. Early retirement can be too, but you’ll need to show good faith and that it’s reasonable under all circumstances.

The paying spouse reaching full retirement age creates a rebuttable presumption that alimony should be modified or terminated. The recipient can argue why support should continue.

Cohabitation by the recipient spouse is another basis for modification or termination. You’ll need to prove they’re in a relationship that’s essentially marriage-like, including financial interdependence.

Simply getting a raise doesn’t automatically mean you’ll pay more. The increase needs to be substantial and the recipient must show continued need.

Does adultery or fault affect alimony awards in New Jersey?

New Jersey is a no-fault divorce state, so marital misconduct generally has limited impact. But it’s not completely irrelevant.

The statute includes “any other factors the court may deem relevant” as one of the 14 factors. Egregious conduct can potentially be considered.

If one spouse’s misconduct directly affected the marital finances, that matters. For example, if someone spent marital funds on an affair or gambling, that impacts equitable distribution and potentially alimony.

Extreme cruelty or abuse might be considered if it affected a spouse’s earning capacity or ability to work. Mental or physical abuse that caused lasting harm could factor into need.

But garden-variety adultery typically doesn’t affect alimony. Courts focus on financial factors, not moral judgments.

Don’t expect the court to punish your spouse financially for cheating. That’s not what alimony is for.

What happens to alimony if I remarry or start living with someone?

If the recipient spouse remarries, alimony automatically terminates under New Jersey law. There’s no need to go back to court.

Cohabitation is different and more complicated. It doesn’t automatically terminate alimony, but it’s grounds for modification or termination.

You’ll need to prove the cohabitation meets the statutory definition. The court looks at factors like whether they live together, the duration of the relationship, shared expenses, financial interdependence, personal services provided to each other, and whether they hold themselves out as a couple.

Occasional overnight visits aren’t enough. The relationship needs to show economic interdependence similar to marriage.

If the paying spouse remarries, that generally doesn’t affect their obligation. You’re still responsible for the alimony you agreed to or were ordered to pay.

However, if remarriage substantially changes your financial circumstances (like taking on stepchildren expenses), you might have grounds to seek modification based on changed circumstances.

Is alimony tax-deductible in New Jersey?

This changed dramatically in 2019. For divorce agreements executed after December 31, 2018, alimony is no longer tax-deductible for the paying spouse and not taxable income for the recipient.

This was a federal tax law change that significantly impacts divorce negotiations. It effectively makes alimony more expensive for the paying spouse since they pay with after-tax dollars.

For divorces finalized before 2019, the old rules still apply. Alimony remains deductible for the payor and taxable to the recipient unless the parties modified their agreement to opt into the new tax treatment.

This tax change has led to more property distribution and less alimony in recent settlements. Paying a larger share of assets upfront is often more tax-efficient now.

If you’re modifying an old alimony order, the tax treatment doesn’t automatically change. The old rules continue to apply unless you specifically agree otherwise in writing.

Child support has always been non-deductible and non-taxable. Don’t confuse the two.

How long do I have to pay alimony, and does it end when I retire?

Duration depends on the type of alimony and your specific circumstances. Limited duration alimony has a set end date in your judgment.

For marriages under 20 years, limited duration alimony typically doesn’t exceed the length of the marriage. A 10-year marriage might result in 5-10 years of alimony, depending on the circumstances.

Open durational alimony (for marriages of 20+ years) has no set end date. But the 2014 reform law created important protections for retirement.

If you reach full retirement age under Social Security (currently 66-67), there’s a rebuttable presumption that alimony should terminate or be reduced. The burden shifts to the recipient to show why it should continue.

You need to file a motion before you retire, not after. Courts want advance notice and the ability to plan the transition.

Early retirement is possible but requires showing good faith and reasonableness. The court examines your age, health, your industry’s typical retirement age, your motives, the timing, your ability to maintain payments, and the impact on your ex-spouse.

You can’t retire early just to avoid alimony. But if you’re 62 with health issues in a physically demanding job, you’d likely have a strong case.

Can I receive alimony if I was only married for a short time?

Yes, but the duration will likely be limited. New Jersey courts consider the length of marriage a major factor.

For very short marriages (under 5 years), alimony is less common but not impossible. You’d need to show significant financial need and disparity in earning capacity.

Limited duration alimony is the typical award for shorter marriages. The duration usually doesn’t exceed the length of the marriage itself.

A 3-year marriage might result in 1-3 years of rehabilitative alimony if one spouse gave up career opportunities or education during the marriage.

Rehabilitative alimony makes sense for short marriages where one spouse needs time to reenter the workforce or complete training.

Very short marriages with no children and both spouses working often result in no alimony at all. Courts expect adults who were briefly married to return to self-sufficiency quickly.

The standard of living factor matters less in short marriages. You haven’t had time to establish a long-term marital lifestyle.

What if my ex-spouse quits their job or deliberately reduces their income to avoid paying alimony?

This is called voluntary impoverishment, and courts don’t look kindly on it. The court can impute income to your ex-spouse based on their earning capacity, not their actual earnings.

You’ll need to prove the reduction in income was voluntary and in bad faith. Losing a job due to downsizing is different from quitting to avoid support.

The court examines their work history, education, skills, job opportunities in their field, age, health, and efforts to find comparable employment.

If someone with a law degree starts working at a coffee shop, the court will likely impute income based on what they could earn as a lawyer.

The burden is on you to show the income reduction was deliberate. Gather evidence of their qualifications, prior salary, and available jobs in their field.

Courts are especially skeptical when the income reduction happens right around the time of divorce filing or alimony proceedings.

However, if someone makes a good faith career change or accepts lower pay for valid reasons (health, caregiving responsibilities, relocation for a spouse), that’s different.