Alimony is the least predictable part of a New Jersey divorce because it depends on a list of factors rather than a formula. Whether you expect to pay or to receive it, the numbers you walk in with shape the outcome.
How alimony works in New Jersey
New Jersey has four types of alimony: open durational (available only after a marriage of 20 years or more), limited duration, rehabilitative, and reimbursement. The court decides whether to award it and how much based on the factors in N.J.S.A. 2A:34-23(b): need and ability to pay, the length of the marriage, each spouse's age, health, earning capacity and education, the standard of living during the marriage, parenting responsibilities, and contributions to the marriage, among others.
Since the 2014 reform, there's no presumption that one spouse keeps the marital standard of living at the other's expense. Both spouses are entitled to a standard reasonably comparable to the marriage, to the extent the finances allow. Temporary (pendente lite) support can be ordered while the case is pending.
How much and for how long
For marriages under 20 years, the length of alimony cannot exceed the length of the marriage except in exceptional circumstances. For marriages of 20 years or more, open durational alimony is available, with no fixed end date but subject to modification. Rehabilitative alimony funds a specific plan, such as finishing a degree, and ends when the plan does.
Modifying or ending alimony
Alimony can be modified or terminated on a showing of changed circumstances. New Jersey's statute creates a rebuttable presumption that alimony ends when the paying spouse reaches full Social Security retirement age, and allows suspension or termination when the recipient cohabits with a partner in a marriage-like relationship, even without living together full-time. Job loss of 90 days or more can also support a modification application.
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Call (973) 604-2991Request a case reviewCommon questions
Is alimony automatic in a New Jersey divorce?
No. One spouse has to request it and show a need and the other's ability to pay, measured against the statutory factors. Many divorces have no alimony at all.
Does cheating affect alimony?
Generally no. New Jersey alimony is based on economics, not fault. Marital misconduct matters only in rare cases where it is egregious or had a direct economic effect, such as dissipating marital assets.
Can alimony be waived?
Yes, in a marital settlement agreement or a valid prenuptial agreement. Once waived it generally can't be revived, so don't waive it without advice.
Is alimony taxable?
For agreements and orders made after 2018, alimony is not deductible by the payer or taxable to the recipient under federal law. State treatment can differ; we'll walk you through it.
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.