Arons & Solomon Divorce Lawyers | December 5, 2024 | Spousal Support
If you are going through a divorce in which your spouse has requested alimony, you might be wondering about how long you’ll have to pay it. New Jersey has laws regarding the maximum term of alimony. However, alimony is determined on a case-by-case basis, so the potential term will depend on the details of your situation.
Maximum Term of Alimony
Under New Jersey law, the term of alimony for any marriage less than 20 years must not last longer than the length of the marriage unless there are exceptional circumstances. Considerations in determining the length of alimony include:
- The ages of the spouses at the time of marriage and the alimony award
- The degree and duration of dependency of one spouse on the other during the marriage
- Whether a spouse has a chronic illness or unusual health circumstance
- Whether a spouse gave up a career or career opportunity or otherwise supported the other spouse’s career
- Whether a spouse has received a disproportionate share of marital property
- The impact of the marriage on either party’s ability to become self-supporting, including their responsibility as the primary caretaker of a child
- Tax considerations
- Any other relevant factors
Marriages that lasted longer than 20 years are not limited to these restrictions, and New Jersey courts have the authority to grant open durational alimony (permanent alimony).
Types of Alimony
The type of alimony can impact how long alimony is awarded. New Jersey recognizes the following four types of alimony:
- Open durational alimony: Open durational alimony does not have an end date. It is awarded in cases involving long-term marriages and exceptional circumstances. Courts can modify the amount and term of open-durational alimony.
- Limited duration alimony: Limited duration alimony is awarded for a set period of time. When determining the alimony term, courts consider the time necessary for the recipient spouse to improve their earning capacity when alimony is no longer appropriate. Courts cannot modify the length of the term except in unusual circumstances.
- Rehabilitative alimony: Rehabilitative alimony is awarded when a spouse does not have the skills or experience necessary to enter the workforce and support themselves because of their obligations to the household. Courts consider the plan for the recipient to become self-sufficient, the steps they took, the timeframe, and the period of employment for rehabilitation when setting the amount and term of alimony. Courts can modify rehabilitative alimony based on a change of circumstances or things not happening as originally contemplated when the court awarded rehabilitative alimony.
- Reimbursement alimony: Reimbursement alimony is awarded when one spouse supported the other through an advanced education and expected to benefit from the additional earning capacity generated by that education. This type of alimony cannot be modified.
An experienced divorce lawyer can explain which type of alimony may apply in your case.
Cohabitation
Alimony could end before the time stated in the alimony award if your former spouse remarries or cohabitates with a new romantic partner. New Jersey courts determine whether a recipient spouse is part of a mutually supportive, intimate relationship to justify ending alimony by considering the following factors:
- Whether the couple is living together
- Whether the couple shares living expenses
- Whether the couple’s intermingled finances
- Whether the couple shares chores
- The length of the relationship
- Whether the couple’s relatives recognize the relationship
- Whether the new partner promised to support the recipient spouse
An experienced lawyer can examine your case to determine if alimony can be terminated due to cohabitation.
Modifications of Alimony
The duration of alimony, when applicable, can be subject to modification under certain circumstances. To initiate the process, the spouse seeking a change must file a formal petition with the court requesting a modification of the existing divorce order. This petition typically outlines the reasons for the requested change, which might include significant life events such as a job loss, a substantial increase or decrease in income, or a change in the financial needs or circumstances of either party. Once the petition is filed, the court will review the evidence and arguments presented by both parties. If the court finds that there is sufficient justification for the modification, it may modify the divorce order accordingly, either increasing, decreasing, or terminating the payments altogether.
Contact the Bergen County Family and Divorce Law Firm of Arons & Solomon Divorce Lawyers for more help
Contact the experienced family attorneys at Arons & Solomon Divorce Lawyers today for legal assistance. Visit our law office in Bergen County or give us a call at (201) 487-1199 to schedule a free consultation with our team.
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