Types of Alimony in New Jersey

When a marriage ends, it’s not just the emotional and personal lives of the spouses that are affected; finances often take a major hit as well. For many divorcing couples in New Jersey, one of the most important issues to resolve is whether one spouse will be required to support the other financially through alimony.

Alimony, also known as spousal support, is a legal obligation for one spouse to provide financial assistance to the other after divorce. The purpose of alimony is not to punish the paying party but to help the supported spouse maintain a standard of living reasonably comparable to what was established during the marriage, at least temporarily.

At the Law Offices of John B. D’Alessandro, we guide clients through complex divorce matters, including how alimony is determined, how long it lasts, and what type of alimony may apply. Here’s what you need to know about the different types of alimony available under New Jersey law. For help with spousal support issues in Union, Essex, or Middlesex County, contact our office for advice and representation from a skilled and experienced Union alimony lawyer.

The Four Types of Alimony in New Jersey

New Jersey law recognizes four distinct types of alimony: open durational alimony, rehabilitative alimony, limited duration alimony, and reimbursement alimony. Each serves a different purpose, and the court may award a single type or a combination, depending on the circumstances of the marriage and divorce.

1. Open Durational Alimony

Formerly known as “permanent alimony,” open durational alimony is typically awarded after long-term marriages generally lasting more than 20 years. This type of support does not have a set end date but continues until either party requests a modification based on a substantial change in circumstances, such as retirement, illness, or a significant change in income.

This form of alimony is not automatically awarded, even after a long marriage. The court will consider many factors, including the age and health of each spouse, the standard of living during the marriage, the earning capacity of both parties, and the financial and non-financial contributions each spouse made to the marriage.

2. Limited Duration Alimony

Limited duration alimony is appropriate in shorter-term marriages where one spouse may need some financial support to transition to self-sufficiency but does not require long-term assistance. The court will set a specific time period for payments, and once that period ends, so does the obligation—unless the supported spouse can show good cause to extend it.

Limited duration alimony is often awarded when the supported spouse has marketable skills or work experience and simply needs a few years to get back on their feet.

3. Rehabilitative Alimony

Rehabilitative alimony is designed to support a spouse who needs time and financial assistance to acquire education, training, or credentials in order to enter the workforce or improve their employment prospects. This type of support is typically time-limited and based on a specific plan or goal.

For example, if a spouse gave up a career to raise children and now needs to finish a degree or obtain professional licensing, rehabilitative alimony may provide the financial support needed to complete that process.

To be awarded rehabilitative alimony, the supported spouse usually must present a concrete plan outlining what they will do with the support—such as enrolling in school or a job training program—and how long they expect to need assistance.

4. Reimbursement Alimony

Reimbursement alimony applies when one spouse supported the other through advanced education or career training during the marriage with the expectation of sharing in the future financial benefits of that investment. If the marriage ends before those benefits are realized, the supporting spouse may be entitled to reimbursement.

This type of alimony is typically a lump-sum payment or limited-duration support designed to repay the contributing spouse for sacrifices made or costs incurred. It often arises in situations where one spouse helped put the other through medical school, law school, or another professional program.

How Alimony Is Determined in New Jersey

New Jersey courts do not use a fixed formula to determine the amount or duration of alimony. Instead, judges consider a wide range of factors, including:

• The length of the marriage
• The age and health of each spouse
• The income and earning capacity of both parties
• The standard of living during the marriage
• The parental responsibilities of each spouse
• The financial and non-financial contributions to the marriage
• The time and expense needed for the supported spouse to become self-sufficient

Each case is unique, and the court has broad discretion to tailor an alimony award to the specific facts of the case.

Modifying or Terminating Alimony

Open Durational Alimony is not necessarily forever, and events may even justify cutting short other forms of support. Under New Jersey law, alimony can be modified or terminated if there is a substantial change in circumstances. This could include, for example, involuntary job loss, a significant change in income, the recipient’s cohabitation with a new partner, or retirement.

If you believe your current alimony arrangement is no longer fair or appropriate, you may petition the court for a modification. However, the other party can contest that request, potentially requiring a trial to decide the matter.

Speak With a Knowledgeable New Jersey Alimony Attorney

Whether you are seeking alimony, being asked to pay it, or dealing with questions about modifying or enforcing an existing order, having experienced legal counsel on your side can make all the difference. At the Law Offices of John B. D’Alessandro, we provide clear, effective guidance on all aspects of alimony and divorce law. If you live in Union, Essex, or Middlesex County and need help with alimony or other family law matters, contact us today to schedule a consultation.