Spousal Support in New Jersey

In New Jersey, the concept of alimony is acknowledged and is also identified as spousal support. According to New Jersey regulations, alimony can be granted to a spouse for various purposes such as providing interim support, enabling rehabilitation, establishing a specific duration, or even indefinitely. Although alimony is generally perceived as a monthly payment, it could also be distributed as a lump sum or as a blend of both.

The New Jersey Court will consider granting alimony only if two essential criteria are met:

The spouse seeking alimony demonstrates a genuine need for it; andThe spouse from whom alimony is sought has the financial capacity to provide it.Without these two conditions being fulfilled, alimony will not be awarded. In cases where the spouses willingly agree to alimony in their Marital Settlement Agreement, the Court will uphold their agreement.

Spousal support in New Jersey is not intended to penalize a spouse, but to provide a means for a less financially independent spouse to maintain their lifestyle. The duration of the marriage significantly influences the determination of alimony, which may be characterized as short, moderate, or long-term:

Short-term – A marriage that has lasted less than seven (7) years;
Moderate-term – A marriage that endures for 7 years or more, but less than seventeen (17) years;
Long-term – A marriage that persists for 17 or more years.
Different types of alimony serve distinct purposes:

Limited Duration Alimony – This is equivalent to temporary alimony awarded during the divorce proceeding. This support terminates automatically upon the finalization of the divorce and may be replaced by another form of alimony.

Rehabilitative Alimony – This form of support is intended to help a spouse obtain necessary education or vocational training to become self-supporting. A clear plan must be in place when a court awards rehabilitative alimony. Any changes in circumstances or significant deviation from the plan can prompt either spouse to request a modification of the order.

Open Durational Alimony – This often replaces limited duration alimony following the final divorce decree. It is awarded when other forms of alimony do not suit the divorcing couple's situation. The duration is not necessarily equivalent to the length of the marriage and may be modified upon significant change in circumstances.

Permanent Alimony – Primarily awarded in long-term marriages, this type of support is for a spouse who cannot maintain the marital lifestyle independently. The court reviews the couple's living standard during the marriage to determine what is fair. Permanent alimony can be modified in the future if there is a significant change in circumstances, or if the recipient spouse enters a supportive relationship.

Limited duration, rehabilitative, and permanent alimony cease upon the death of either spouse or if the recipient spouse remarries. However, this rule does not apply to rehabilitative alimony.