When two people get married or enter into a civil union, they typically pool their financial resources together. In the event of divorce, equitably separating those resources can become challenging. If you are currently facing the possibility of divorce and are wondering what this will mean for your finances, the family law attorneys at Villani & Deluca P.C. are committed to providing you with competent legal counsel every step of the way. We understand the complexities of life-changing events such as a divorce, and we are here to guide you through the coming months.
One important question you may face is how New Jersey laws will impact your livelihood and standard of living after divorce. New Jersey's alimony laws* govern the payments or spousal support that one party in a divorce is required to pay to the other following a separation or divorce. In many instances, parties resort to litigation to resolve perceived inequitable distributions of assets, as well as the duration, schedule, and amount of alimony payments. Each divorce is unique, and the types of support New Jersey courts award are unique to each case.
Matters of family law, including divorce and alimony, can be complex and require the attention and expertise of highly experienced New Jersey family lawyers and divorce attorneys. Whether you are a payee or a recipient of spousal support, your financial future and well-being is on the line. Our attorneys will help you analyze your case in light of New Jersey's Alimony laws, taking into consideration the specific facts of your marriage, such as how long you were married, the income of both parties, and the financial needs of both the paying and receiving spouses.
We understand that some aspects of this may seem confusing at first, so we have addressed some common questions you may have about alimony payments under New Jersey family law. If you have any other questions about your divorce, our attorneys are available to provide answers tailored to your specific situation. Reach out to us 24/7 for a free consultation at (732) 709-7757. We also offer free in-person consultations for those who prefer to visit our office. We are located at 703 Richmond Avenue (Route 35) in Point Pleasant Beach.
*New Jersey Alimony Reform Bill of 2014; NJ Rev Stat § 2A:34-23.1 (2020)
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New Jersey Alimony FAQs
What is Alimony?
When two parties are involved in a separation or divorce proceeding, the money paid by one party to support the other is known as alimony or spousal support. The court can order alimony during the separation or divorce proceedings or following the conclusion of the divorce process.
The family law of New Jersey considers the potential financial devastation that divorce can inflict on a spouse with fewer financial assets. It provides for the equitable division of assets, which may include periodic payments by the more financially stable spouse to support the needs and lifestyle of the spouse with fewer assets. Payment of alimony in New Jersey can no longer be awarded for a lifetime (permanent alimony); alimony payments are restricted by law to the number of years the two parties were married.
How is Alimony determined in New Jersey?
Several factors contribute to the award, including the length, frequency, and amount of alimony that spouses in divorce-related proceedings will be required to pay. Some of the factors that New Jersey courts will consider when applying New Jersey family law include the length of the marriage, the health and income of both parties, and the specific needs of each spouse. Once a court has determined that one party in a divorce is entitled to spousal support, it will assess the amount of alimony due by comparing the financial needs and incomes of both parties. Where child custody and support-related issues are involved, the court may order the amount paid in child support before ordering the amount to be paid as alimony.
New Jersey courts also consider other factors, such as each party's financial and non-financial contributions to the marriage, time, career advancement, and monetary sacrifices made by one spouse. In contrast, the other pursued education, as well as other factors deemed relevant by the court.
*NJ Rev Stat § 2A:34-23.1 (2020)
How long does a spouse have to pay alimony in New Jersey?
Generally, the number of years both parties were married before the divorce will be taken into consideration when determining how long spousal support payments will continue. For instance, the family law of New Jersey stipulates that divorce for marriages and civil unions of less than 20 years will attract alimony payments for a period not exceeding the length of the marriage or civil union. Whether the law orders a limited duration alimony (for a short term, where the recipient spouse is employable) or open durational alimony (paid as long as the recipient cannot support themselves otherwise) depends on the circumstances of each case. In certain instances, for instance, where the recipient party is severely incapacitated, even remarriage of the recipient spouse does not terminate alimony payments.
How can I avoid alimony in New Jersey?
Once the court has ordered alimony in a separation or divorce, the payee must make payments as ordered. Any party may, however, file a motion to modify or terminate spousal support. There are certain instances where a party can modify the duration, terms of payment, and amount of alimony. Alimony payments can be discontinued when the payee in an alimony award can prove an involuntary decrease in income. The court will consider the circumstances surrounding the income loss and the financial circumstances of the recipient spouse when deciding whether to modify or terminate spousal support. A payee may request that the court discontinue alimony payments when the recipient spouse remarries or becomes romantically involved with a new partner.
Parties in separation or divorce proceedings can also come to a written agreement between themselves to reduce or increase the amount of alimony. Any desired change or substantial modification made after this agreement requires a motion to be filed with the court, showing that the modification was involuntary and unanticipated.
Under New Jersey Statutes, a court can terminate alimony for bad acts committed by the recipient party. A recipient of alimony payments may have their spousal support payments discontinued if such recipient party is convicted of a capital offense* which resulted in the death or serious bodily injury to a family member of a divorcing party, after a civil union or marriage to the payee.
*N.J.S. 2C:11-3; N.J.S. 2C:11-4; N.J.S. 2C:11-2
How much does a divorce lawyer cost in New Jersey?
The costs of hiring divorce lawyers vary depending on several factors, some of which are peculiar to each case. The average hourly rate for New Jersey divorce lawyers ranges from $150 to $500, depending on the lawyer's experience and the complexity of the case. A divorce attorney would most likely require a retainer fee to ensure that the lawyer can continue working on your case.
There are also other costs to consider. For instance, filing a Complaint about Divorce with the court costs $325 where children are involved; $300 otherwise. When expert services are needed for asset valuation or for a health assessment to resolve child custody or child support disputes, the costs can increase even further. If parties agree on the terms of a divorce or have a mediator facilitate their agreement, the costs of hiring an attorney will be significantly reduced. Where communication has broken down, it becomes more difficult to negotiate certain aspects of a New Jersey divorce, such as the division of assets, which would then necessitate increased lawyers' fees and legal costs.
Villani & Deluca P.C. alimony attorneys are always ready to help protect your interests, whether you are a payee or recipient under New Jersey spousal support laws. Divorce is not the end; there are remedies available to you in your alimony or child custody and support battle, and we will work with you in and out of the court to ensure that your spouse complies with the spousal support order or alimony obligations.
Seeking an alimony attorney urgently? Contact us at (732) 709-7757 with your questions anytime, and we'll be happy to schedule your free online or in-person consultation.
Frequently Asked Questions
How does a New Jersey court decide whether to award alimony?
Alimony in New Jersey is governed by N.J.S.A. 2A:34-23, which requires courts to consider a comprehensive list of statutory factors before making any support award. These include the length of the marriage, each party's income and earning capacity, the standard of living established during the marriage, whether one spouse left the workforce to raise children or support the other's career, each party's age and health, and the financial needs of both parties going forward. As of 2026, there is no fixed formula — judges weigh all factors together and make findings on the record. Courts will not award alimony simply because one spouse earns more than the other; the need for support and the ability to pay must both be clearly established through financial documentation.
What types of alimony are available in New Jersey?
New Jersey recognizes four types of alimony under N.J.S.A. 2A:34-23: open durational alimony (formerly called permanent alimony, typically reserved for long marriages where one spouse cannot become self-supporting); limited duration alimony (for shorter marriages, capped at the length of the marriage except in exceptional circumstances); rehabilitative alimony (designed to support a spouse while they gain education or training to re-enter the workforce); and reimbursement alimony (to compensate a spouse who supported the other's education or career during the marriage). As of 2026, open durational alimony is generally reserved for marriages of 20 years or more, and courts have become increasingly deliberate in justifying any award that approaches or exceeds the length of the marriage.
Can alimony be modified after the divorce is finalized?
Yes, but the burden is meaningful. New Jersey courts apply the long-standing Lepis v. Lepis standard — which remains the benchmark in 2026 — when evaluating modification requests. The party seeking a change must demonstrate a substantial and permanent change in circumstances, such as a significant involuntary loss of income, a serious health condition, or the payee spouse's cohabitation with a new partner in a relationship that reduces their financial need. The 2026 legal landscape has placed a higher burden of proof on the party seeking modification, with courts signaling that temporary income fluctuations or speculative hardship will not be sufficient to reopen a settled support order. Thorough financial documentation is essential before filing any modification motion.
Does cohabitation automatically end alimony in New Jersey?
Not automatically — but it can be strong grounds for suspension or termination. Under N.J.S.A. 2A:34-23(n), cohabitation is defined as a mutually supportive, intimate relationship in which the couple has taken on duties and privileges commonly associated with marriage, even if they do not share a single household full-time. If the paying spouse can demonstrate cohabitation, the court will evaluate whether it has reduced the payee's financial need — and if so, may suspend, reduce, or terminate the alimony obligation. As of 2026, courts continue to look at a range of factors including shared finances, vacations, time spent together, and whether the new relationship functions economically like a marriage. Simply dating someone does not constitute cohabitation under New Jersey law.
What happens if my ex-spouse hides income or assets to reduce alimony?
Concealing income or assets is a serious matter that New Jersey courts treat as fraud on the proceedings. In 2026, courts have tightened expectations around full financial disclosure, with updated scrutiny applied to non-traditional assets such as cryptocurrency holdings, ownership interests in closely held businesses, deferred compensation, and retirement accounts. If a spouse fails to disclose income or assets — whether during initial proceedings or in a modification hearing — the court may impute income, set aside the existing order, or award counsel fees and sanctions against the non-disclosing party. If you suspect your spouse is hiding financial information, an experienced attorney can engage forensic accountants and pursue formal discovery to uncover the full picture of the marital estate before any support figure is finalized.
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