Alimony (spousal support) in New Jersey is designed to help a lower-earning spouse maintain a reasonable standard of living after divorce. This comprehensive guide covers the types of alimony available in New Jersey, how courts calculate amounts, duration guidelines, modification rules, and the impact of remarriage, cohabitation, and retirement on support obligations. Understanding New Jersey’s alimony laws helps both paying and receiving spouses plan their financial futures.
Verified against New Jersey family law statutes as of May 2026.
In This New Jersey Alimony Guide:
Types of Alimony in New Jersey
New Jersey courts may award the following types of alimony:
- Open Durational Alimony (replaced permanent alimony in 2014; available only for marriages of 20+ years
- no fixed end date but presumptively terminates at payor retirement age 67); Limited Duration Alimony (for marriages under 20 years; duration cannot exceed length of marriage except in exceptional circumstances); Rehabilitative Alimony (based on a specific plan for the recipient to become self-supporting
- including scope
- steps
- and timeframe); Reimbursement Alimony (compensates a spouse who supported the other through advanced education or training
- anticipating sharing in increased earning capacity; cannot be modified for any reason); Pendente Lite Alimony (temporary support during the divorce proceedings)
How New Jersey Calculates Alimony
New Jersey does not have a fixed formula for calculating alimony. Courts use judicial discretion, weighing multiple factors to determine a fair amount and duration.
New Jersey courts consider these factors when determining alimony:
- (1) The actual need and ability of the parties to pay; (2) The duration of the marriage or civil union; (3) The age
- physical and emotional health of the parties; (4) The standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living
- with neither party having a greater entitlement to that standard of living than the other; (5) The earning capacities
- educational levels
- vocational skills
- and employability of the parties; (6) The length of absence from the job market of the party seeking maintenance; (7) The parental responsibilities for the children; (8) The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment
- the availability of the training and employment
- and the opportunity for future acquisitions of capital assets and income; (9) The history of the financial or non-financial contributions to the marriage or civil union by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities; (10) The equitable distribution of property ordered and any payouts on equitable distribution
- directly or indirectly
- out of current income
- to the extent this consideration is reasonable
- just and fair; (11) The income available to either party through investment of any assets held by that party; (12) The tax treatment and consequences to both parties of any alimony award
- including the designation of all or a portion of the payment as a non-taxable payment; (13) The nature
- amount
- and length of pendente lite support paid
- if any; (14) Any other factors which the court may deem relevant
Income disparity: YES. Factor (1) of the statutory analysis is “the actual need and ability of the parties to pay.” The requesting spouse must demonstrate financial need, and the paying spouse must have the ability to pay. The goal is to enable each party to maintain a reasonably comparable standard of living to that established during the marriage, with neither party having a greater entitlement to that standard than the other.
Vocational evaluation: YES. New Jersey courts use vocational evaluations to assess earning capacity, particularly when imputing income to a voluntarily unemployed or underemployed spouse. Courts apply a two-part analysis: (1) determine whether the party is voluntarily unemployed or underemployed without just cause; (2) if so, impute income based on earning capacity. Courts may consider testimony of vocational/employability experts, prior earnings and tax returns, Case Information Statements, and prevailing wage data from the New Jersey Department of Labor and Workforce Development.
New Jersey Alimony Duration Guidelines
YES. For marriages under 20 years, the total duration of alimony shall not, except in exceptional circumstances, exceed the length of the marriage or civil union. For marriages of 20 years or more, courts may award open durational alimony with no predetermined end date (but presumptively terminates at payor’s full retirement age of 67). Exceptional circumstances that may justify extending duration include: the ages of the parties at the time of marriage and at the time of the award; the degree and duration of dependency of one party on the other during the marriage; chronic illness or unusual health circumstances; and whether a spouse gave up a career or career opportunity or otherwise supported the other spouse’s career.
| Marriage Length | Typical Alimony Duration |
|---|---|
| Short-term (under No specific statutory definition of “short marriage.” However, for marriages under 5 years, New Jersey practitioners commonly expect alimony duration of approximately 50% of the marriage length. The statute treats all marriages under 20 years under the same cap rule (duration cannot exceed length of marriage).) | Rehabilitative or bridge-the-gap; limited duration |
| Moderate-term | Durational alimony; set period based on marriage length |
| Long-term (20 years. Marriages of 20 years or more are the threshold for open durational alimony (the replacement for permanent alimony under the 2014 reform). Below 20 years, only limited duration alimony is available.+) | May qualify for permanent or indefinite alimony |
Permanent alimony: NO — not in name. New Jersey eliminated “permanent alimony” via the 2014 reform (P.L. 2014, c.42, effective September 10, 2014). It was replaced with “open durational alimony,” which is available only for marriages of 20 years or more. Open durational alimony has no fixed end date but carries a rebuttable presumption of termination when the payor reaches full retirement age (67). Pre-2014 permanent alimony orders remain in effect but may be modified under the new law’s retirement provisions.
Modifying & Terminating New Jersey Alimony
Modification: YES. Alimony may be modified based on changed circumstances. For limited duration alimony, the court may modify the amount but shall not modify the length of the term except in unusual circumstances. Rehabilitative alimony may be modified based on changed circumstances or the nonoccurrence of circumstances the court found would occur at the time of the award. Reimbursement alimony cannot be modified for any reason. Changed circumstances justifying modification include: substantial change in income, job loss, disability, cohabitation by the recipient, or retirement of the payor. The party seeking modification bears the burden of proving the changed circumstances.
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Cohabitation: YES. Alimony may be suspended or terminated if the recipient cohabits with another person. Cohabitation is defined as a mutually supportive, intimate personal relationship in which a couple has undertaken duties and privileges commonly associated with marriage or civil union, but does not necessarily require maintaining a single common household. Courts consider: (1) intertwined finances such as joint bank accounts and other joint holdings or liabilities; (2) sharing or joint responsibility for living expenses; (3) recognition of the relationship in the couple’s social and family circle; (4) living together, the frequency of contact, the duration of the relationship, and other indicia of a mutually supportive intimate personal relationship; (5) the length of the relationship; (6) all other relevant evidence. A court may not find an absence of cohabitation solely because the couple does not live together full-time.
Remarriage: YES. Under N.J.S.A. 2A:34-25, alimony terminates upon the recipient’s remarriage for open durational alimony and limited duration alimony. However, remarriage does NOT terminate reimbursement alimony or rehabilitative alimony. The payor’s remarriage does not affect the alimony obligation.
Retirement: Significant. Under the 2014 reform, there is a rebuttable presumption that alimony terminates when the payor reaches full retirement age (defined as age 67, the federal Social Security full retirement age). For alimony orders entered on or after September 10, 2014, the recipient bears the burden of proving why alimony should continue beyond the payor’s retirement. For early retirement (before age 67), the payor bears the burden to show retirement is reasonable and in good faith, and the court considers factors including: the age and health of the parties, the obligor’s field of employment and the generally accepted age of retirement in that field, the age when the obligor becomes eligible for retirement benefits, the obligor’s motives in retiring, the parties’ reasonable expectations during the marriage regarding retirement, the ability of the obligor to maintain support payments, and the impact on the recipient.
Tax Implications of New Jersey Alimony
Under the Tax Cuts and Jobs Act (2017), for divorce agreements executed after December 31, 2018, alimony payments are not deductible by the paying spouse and not taxable income for the receiving spouse at the federal level. This applies to all New Jersey divorces finalized after that date.
For divorces finalized before 2019, the old rules still apply unless the agreement is modified to adopt the new tax treatment.
Impact of Misconduct on New Jersey Alimony
Adultery: Generally NO direct impact. New Jersey is effectively a no-fault state for alimony purposes. Adultery does not automatically bar or reduce an alimony award. However, two exceptions exist: (1) If the adultery caused economic harm through dissipation of marital assets (e.g., spending marital funds on an affair), the court may consider this; (2) If the conduct rises to the level of “egregious” misconduct that shocks the conscience of the court, it may bar alimony. Examples of egregious conduct in the statute include attempted murder, or criminal acts resulting in death or serious injury to a family member.
Other marital misconduct: Generally NO — marital fault is not a statutory factor in the alimony analysis. However, egregious misconduct may be considered if it rises to the level of conduct that would make an alimony award manifestly unjust. The statute specifically identifies criminal homicide, assault resulting in bodily injury, or similar violent acts committed during the marriage. Economic misconduct such as hiding assets or dissipating marital funds may also be considered as it relates to the financial circumstances of the parties.
Additional New Jersey rules: (1) 2014 Reform: New Jersey eliminated permanent alimony and replaced it with open durational alimony, effective September 10, 2014. This was one of the most significant alimony reforms in the country. (2) Retirement Presumption: Alimony presumptively terminates at payor’s full retirement age of 67 — a specific statutory provision unique to NJ’s post-reform law. (3) Reimbursement Alimony: Cannot be modified for any reason and is not terminated by remarriage, making it uniquely protected. (4) Duration Cap: Statutory cap that alimony for marriages under 20 years cannot exceed the length of the marriage (except exceptional circumstances). (5) Combined Awards: Courts may award more than one type of alimony simultaneously. (6) Civil Unions: All alimony provisions apply equally to civil unions and marriages. (7) Pendente Lite Standard: Pendente lite alimony (during litigation) does not require the court to consider all 14 factors — the court may use a more streamlined analysis based on need and ability to pay. (8) Written Findings Required: If the court determines certain factors are more or less relevant, it must make specific written findings of fact and conclusions of law explaining why.
Official Sources & Resources
- Cornell LII — Alimony: law.cornell.edu
- NCSL Spousal Support: ncsl.org
- New Jersey Alimony Statute: N.J.S.A. 2A:34-23 (alimony, maintenance — primary statute); N.J.S.A. 2A:34-25 (termination upon remarriage); as amended by P.L. 2014, c.42 (2014 alimony reform act, effective September 10, 2014)
Last verified May 2026. Contact us if you notice outdated information.