How does alimony work in New Jersey?

New Jersey alimony was substantially overhauled by the 2014 Alimony Reform Act (P.L. 2014, c.42), now codified at N.J.S.A. 2A:34-23.

1. Five Types of Alimony — § 2A:34-23(b)

Open durational alimony — replaced "permanent alimony" in 2014. Available only for marriages of 20 years or longer.

Limited duration alimony — for marriages under 20 years; duration cannot exceed the length of the marriage (except in exceptional circumstances).

Rehabilitative alimony — supports specific education/training for return to workforce; requires a written rehabilitative plan.

Reimbursement alimony — repays a spouse who supported the other through advanced education/training.

Pendente lite (temporary) alimony — paid during pending divorce.

2. The 20-Year Rule

Under § 2A:34-23(c), for any marriage less than 20 years, the total duration of alimony shall not exceed the length of the marriage — except in "exceptional circumstances." This is a hard statutory cap that significantly limited prior practice.

3. Statutory Factors — § 2A:34-23(b)

Court must consider 14 factors:

Actual need and ability to pay

Duration of the marriage

Age, physical/emotional health

Standard of living

Earning capacities, education, vocational skills, employability

Length of absence from job market

Parental responsibilities

Time/expense needed for training, availability of training, opportunity

History of financial/non-financial contributions

Equitable distribution and any payouts

Income from investment of assets

Tax treatment

Nature, amount, length of pendente lite support

Any other factors

4. Retirement Presumption — § 2A:34-23(j)

Reaching full Social Security retirement age creates a rebuttable presumption that alimony shall terminate.

The recipient bears the burden to prove continued support is needed.

For pre-2014 orders, a different (more lenient) standard applies.

5. Cohabitation — § 2A:34-23(n)

Cohabitation may suspend or terminate alimony. The court considers seven factors including intertwined finances, shared living expenses, recognition of the relationship by family/friends, duration, etc. No requirement that the cohabitants live together full-time — the test is whether the relationship is "marital-like."

6. Termination

Death of either party

Remarriage of the recipient (open durational and limited duration)

Reaching full SSA retirement age (presumption)

Cohabitation

7. Tax

Federal TCJA applies — orders post-2018 are non-deductible/non-taxable.

This is legal information, not legal advice.