Overview of Alimony Law in New Jersey

Alimony is a payment made by one spouse to the other after a divorce or separation. The purpose of alimony is to provide financial support to the spouse who was financially dependent on the other during the marriage. In New Jersey, alimony law has undergone significant changes in recent years. In this blog post, we’ll discuss the current state of alimony law in New Jersey.

Types of Alimony in New Jersey

In New Jersey, there are several types of alimony that a court may award:

Open Durational Alimony: This is a type of alimony that has no end date. It is typically awarded in long-term marriages where the dependent spouse has limited earning capacity.

Limited Duration Alimony: This is a type of alimony that is awarded for a specific period of time. It is typically awarded in marriages of moderate length where the dependent spouse can become self-sufficient after a period of time.

Rehabilitative Alimony: This is a type of alimony that is awarded to a spouse who needs financial assistance while they undergo training or education to become self-sufficient.

Reimbursement Alimony: This is a type of alimony that is awarded to a spouse who supported the other spouse while they obtained education or training.

Factors Considered in Alimony Decisions

When determining the amount and duration of alimony to be awarded, the court will consider several factors, including:

  • The length of the marriage
  • The income and earning capacity of each spouse
  • The age and health of each spouse
  • The standard of living established during the marriage
  • The contributions each spouse made to the marriage
  • The tax consequences of the alimony award
  • Any other relevant factors.

Changes in Alimony Law in New Jersey

In 2014, New Jersey passed a law that made significant changes to the state’s alimony law. Under the new law, the following changes were made:

The duration of alimony awards is now based on the length of the marriage. For example, if a couple was married for 10 years, the maximum duration of alimony would be 10 years.

The court can now terminate or modify alimony awards if the dependent spouse cohabits with a romantic partner for a period of 90 days or more.

The court can also terminate or modify alimony awards if the paying spouse reaches full retirement age, which is currently 67.

Conclusion

In conclusion, alimony law in New Jersey is complex and can be difficult to navigate. If you are going through a divorce or separation and think you may be entitled to alimony, it is important to consult with an experienced family law attorney. They can help you understand your rights and guide you through the process of obtaining the financial support you need.

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