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Alimony

Home Practice Areas Divorce & Separation Alimony

Alimony / Spousal Support

Our Firm Offers Comprehensive Legal Advice and Services for Alimony Issues

If you are going through a separation or divorce, alimony, also known as spousal support, may play a role, particularly when one spouse earns significantly less than the other. Alimony is intended to help the lower-earning spouse maintain a standard of living reasonably comparable to the one established during the marriage, while recognizing that there are now two households to support.

Alimony is not an automatic part of every divorce in New Jersey, and it is not the same as equitable distribution. Equitable distribution looks back at what the parties acquired during the marriage and divides those assets. Alimony looks forward, and is used to balance out differences in the parties’ economic circumstances after the divorce. The two work together: courts try to avoid what is commonly known as “double dipping.” For instance, if a pension or 401(k) is divided as part of equitable distribution, the portion already divided generally cannot be counted again as income when calculating alimony.

Under current federal tax law, for divorces finalized after 2018, alimony is not deductible by the paying spouse and is not taxable income to the receiving spouse. Agreements finalized earlier may follow the prior rules.

Types of Alimony in a Divorce Case

Pendente Lite Support – This is temporary support awarded while the divorce is pending, before the final judgment is entered. Its goal is to maintain the status quo of the family’s lifestyle and to make sure the marital bills are paid. It is separate from child support.
Open Durational Alimony (formerly called “permanent alimony”) – This type of alimony is generally reserved for long-term marriages where the spouses’ earning capacities are very different. It has no set end date, but unless the parties have specifically agreed otherwise, it can be modified or terminated upon proof of a change in circumstances, such as retirement. Learn more about open durational alimony.
Limited Duration Alimony – This type of alimony is paid for a specific period of time and is often awarded after shorter or mid-length marriages. In shorter marriages, it generally cannot last longer than the marriage itself, except in exceptional circumstances. It can also be modified upon a showing of changed circumstances.
Rehabilitative Alimony – This type of alimony is also payable for a specific period of time. Its goal is to provide support while the dependent spouse completes education or training that will allow them to become self-supporting. This type of alimony does not end if the receiving spouse remarries.
Reimbursement Alimony – This type of alimony compensates a spouse for economic sacrifices made during the marriage that helped the other spouse increase their earning capacity, such as supporting the other spouse through college or medical school. This type of alimony also does not end if the receiving spouse remarries.

If the parties cannot agree on alimony, the court decides by weighing the factors set out in New Jersey law, including:

The actual need and ability of the parties to pay.
The duration of the marriage.
The age and physical and emotional health of the parties.
The standard of living established during the marriage and the likelihood that each party can maintain a reasonably comparable standard of living.
The parties’ earning capacity, education, and employability.
The length of absence from the job market.
Parental responsibilities for the children.

The time and expense needed for a dependent spouse to obtain the education or training needed for appropriate employment.
The financial and non-financial contributions of each spouse to the marriage.
The equitable distribution of property.
Income available to either party through investment of their assets.
The tax consequences of alimony.
Any temporary (pendente lite) support paid while the divorce was pending.
Any other factor the court deems relevant.

Common Questions About Alimony in New Jersey

Is there a formula for alimony in New Jersey?

No. Unlike child support, New Jersey has no set formula for alimony. The amount and length are decided either by agreement between the spouses or by a judge weighing the factors above. That is why online alimony calculators can be misleading.

How long does alimony last?

It depends on the type of alimony and the length of the marriage. In shorter marriages, alimony generally cannot last longer than the marriage itself. Longer marriages may result in open durational alimony, which has no set end date.

Can alimony be changed later?

Generally yes, if there is a substantial and lasting change in circumstances, such as a job loss, serious illness or retirement, unless the agreement says otherwise. Read about job loss and support obligations.

What happens to alimony when the paying spouse retires?

New Jersey law allows a paying spouse to ask the court to modify or end alimony upon a good-faith retirement. The court looks at the circumstances of both spouses before deciding. Learn more about retirement and alimony.

Does alimony end if the receiving spouse remarries or moves in with someone?

Remarriage generally ends open durational and limited duration alimony, but not rehabilitative or reimbursement alimony. If the receiving spouse lives with a new partner, the court may suspend or end alimony depending on the circumstances.

Is alimony taxable?

For divorces finalized after 2018, alimony is not deductible by the paying spouse and is not taxable to the receiving spouse. Older agreements may follow the prior rules, so it is worth reviewing yours with your attorney and tax advisor.

Alimony can create long-term obligations between divorcing spouses, so sound legal advice matters. Contact our Mount Laurel office to schedule a confidential consultation with a South Jersey family law attorney.

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