
In New Jersey, alimony or spousal support is arranged for in some separation agreements or after a divorce in court with the help of an attorney. In most cases, the financially dependent spouse, regardless of whether it is the husband or wife, receives regular payments or a lump sum from the other spouse to help him or her become more financially autonomous. Our New Jersey alimony and spousal support lawyers, based in our offices bordering Sussex and Morris County, are equipped with the knowledge and experience necessary to defend your rights and ensure the best possible outcome for you in this extremely important area. Contact the Sussex County family lawyers here at Gruber, Colabella, Thompson, Hiben & Montella today.
What Does Alimony Cover in New Jersey?
Alimony is designed to help ensure that neither spouse faces severe financial hardship following a divorce. It’s not about punishment or reward—rather, it’s about balancing the financial scales when one spouse has relied on the other financially during the marriage. The purpose of alimony is to allow the lower-earning or non-earning spouse time and support to become self-sufficient, where possible, and to maintain a standard of living reasonably comparable to that established during the marriage. Alimony can be used to help cover a wide range of post-divorce expenses, including but not limited to:
- Housing costs, such as rent or mortgage payments;
- Utilities and household expenses;
- Food and personal care;
- Transportation costs, including car payments, insurance, and fuel;
- Health insurance and medical expenses not covered by insurance;
- Education or job training, to support re-entry into the workforce;
- Other reasonable living expenses that were part of the marital lifestyle.
Alimony is meant to provide a financial bridge, not a lifetime guarantee, unless the circumstances justify long-term support. Every case is fact-sensitive, which is why working with a team of knowledgeable alimony lawyers is so important to ensure your specific needs are accounted for.
Types of Alimony in NJ
New Jersey recognizes several distinct types of alimony, each tailored to fit different marital and financial circumstances. The court may award one type or a combination, depending on what’s appropriate in your case:
- Open Durational Alimony: This type is typically awarded after a long-term marriage (generally over 20 years). It continues indefinitely but can be modified or terminated upon a substantial change in circumstances. It is not “permanent,” but it does not have a set end date unless the court specifies otherwise.
- Limited Duration Alimony: Designed for marriages of shorter length, this alimony lasts for a set number of months or years. The goal is to provide the supported spouse with enough time to become financially independent. It may be modified during its term but does not extend beyond the set duration unless exceptional circumstances arise.
- Rehabilitative Alimony: This is granted when one spouse needs financial support to obtain the education or training necessary to return to the workforce. It requires a specific rehabilitation plan outlining the steps toward self-sufficiency.
- Reimbursement Alimony: Awarded in cases where one spouse supported the other through advanced education or training with the expectation of shared future benefits, such as helping pay for medical or law school. This type of alimony compensates the supporting spouse for sacrifices made during the marriage.
The court will evaluate which form of alimony—or combination—is most appropriate based on the specific facts of your case, including the length of the marriage, income disparities, and the lifestyle maintained during the relationship.
How Do Courts in New Jersey Determine Alimony?
Courts will consider a wide range of factors when determining alimony here in New Jersey. Some of the most important factors are as follows:
- The actual financial need of each party and their respective abilities to contribute support;
- How long the parties were married or in a civil union;
- The age and the physical and emotional condition of both individuals;
- The lifestyle established during the relationship and the likelihood that each party can reasonably maintain a similar standard, with no one party having a greater right to that lifestyle than the other;
- Each party’s earning potential, level of education, job skills, and ability to secure employment;
- The amount of time the supported party has been out of the workforce;
- The responsibilities each party has for caring for any children;
- The time, cost, and availability of education or training needed by the supported party to gain suitable employment, and the potential for future earnings and asset accumulation;
- The history of financial and non-financial contributions to the marriage or civil union by each person, including care of children and any career or educational sacrifices made;
- How marital property was divided and whether any of those distributions will be paid from current income, to the extent that it is fair and reasonable to consider;
- The income either person can earn through investing their current assets;
- The tax impact and consequences for each party from any alimony arrangement, including whether some or all of the payments are considered non-taxable;
- The type, duration, and amount of temporary (pendente lite) support previously paid, if any;
- Any additional considerations the court finds relevant to ensure a fair outcome.
Can I Modify or Terminate Alimony in NJ?
Yes, under New Jersey law, alimony can be modified or even terminated when there is a substantial change in circumstances. Either party can apply to the court to revisit the original alimony arrangement if their financial situation, health, or other key factors have significantly changed.
- Common reasons to seek modification or termination include:
- Loss of income or job (not due to voluntary actions or misconduct);
- Retirement, particularly if it is at full retirement age and in good faith;
- Illness or disability that affects a party’s ability to work or meet obligations;
- Cohabitation of the supported spouse with another partner in a relationship akin to marriage;
- Remarriage of the supported spouse, which typically results in automatic termination;
- Significant change in the cost of living or expenses;
- Improvement in the supported spouse’s financial situation, such as gaining employment or receiving an inheritance.
Importantly, courts won’t modify alimony lightly. The party seeking the change must present clear, documented evidence of the changed circumstances. If a modification is granted, it may affect the amount, duration, or complete termination of the obligation.
Contact Our New Jersey Alimony Lawyers
Whether you’re looking to receive alimony or are currently being asked to pay it, having a seasoned team of Sussex County family lawyers in your corner can make all the difference. Contact the dedicated alimony lawyers here at Gruber, Colabella, Thompson, Hiben & Montella to schedule a free initial consultation today. We are on your side, every step of the way.
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