Alimony
Alimony in New Jersey: What You Need to Know
Alimony (also called spousal support or maintenance) is one of the most important and often contentious issues in a New Jersey divorce. Its purpose is to help the dependent spouse maintain a standard of living reasonably comparable to the lifestyle enjoyed during the marriage. Both parties are entitled to live as close as possible to the marital standard of living after separation.
At Gebhardt & Kiefer, our family law attorneys have helped hundreds of clients understand their rights and obligations regarding alimony. Whether you are seeking support or being asked to pay it, we provide clear guidance and strong advocacy tailored to your unique circumstances.
The Four Types of Alimony in New Jersey
New Jersey (N.J.S.A. 2A:34-23) recognizes four distinct types of alimony:
- Open Durational Alimony: No fixed end date; continues until modified or terminated by court order.
- Limited Duration (Term) Alimony: Paid for a specific period of time, often used in shorter marriages.
- Rehabilitative Alimony: Temporary support designed to help a spouse become self-supporting through education, training, or re-entry into the workforce.
- Reimbursement Alimony: Compensates a spouse for economic sacrifices made during the marriage (e.g., putting the other spouse through school or supporting the family while the other built a career).
How Courts Determine Alimony: The 14 Statutory Factors
When deciding whether to award alimony and in what amount and duration, New Jersey courts must consider all of the following factors under N.J.S.A. 2A:34-23(b):
- The actual need and ability of the parties to pay
- The duration of the marriage or civil union
- The age, physical and emotional health of the parties
- The standard of living established during the marriage and each party’s ability to maintain a reasonably comparable lifestyle
- The earning capacities, education, vocational skills, and employability of each party
- The length of absence from the job market of the party seeking support
- Parental responsibilities for any children
- Time and expense needed for the supported spouse to acquire education or training for appropriate employment
- Each party’s financial and non-financial contributions to the marriage, including child-rearing and career interruptions
- Equitable distribution of property and any payouts from it
- Income available from investments or other assets
- Tax consequences of any alimony award
- Nature, amount, and duration of any pendente lite (temporary) support already paid
- Any other factors the court deems relevant
Important: No single factor is more important than the others. The court must make specific written findings explaining its decision.
The 2014 Alimony Reform Law
In September 2014, New Jersey significantly reformed its alimony laws. The changes affected how courts handle modification requests based on retirement, loss of employment, and cohabitation. Whether your case is governed by the old or new rules depends on when your agreement or order was entered. Our attorneys stay current on these nuances and can explain exactly how they apply to you.
Frequently Asked Questions About Alimony in NJ
How long does alimony last?
It depends on the length of the marriage, the type of alimony awarded, and whether a substantial change in circumstances occurs later.
Can alimony be modified or terminated?
Yes. Either party can seek modification or termination upon showing a substantial change in circumstances (see our Alimony Modifications page for details).
Is alimony taxable?
For agreements entered after 2018, alimony is generally not taxable to the recipient or deductible by the payer.
What if my spouse is hiding income or assets?
We have sophisticated discovery tools and forensic accounting resources to uncover hidden income and ensure a fair alimony calculation.
Alimony decisions have lifelong financial consequences. Let our experienced New Jersey family law team help you protect your future. Call 908-735-5161 today to schedule a confidential consultation.