The 4 Types of Alimony in New Jersey

1. Temporary Alimony

Temporary alimony is court-ordered support paid during the divorce process, before the final judgment. It's designed to help the lower-earning spouse maintain financial stability while the case is pending. Temporary alimony ends automatically when the divorce is finalized and is replaced (or not) by one of the other forms of alimony in the final judgment.

2. Reimbursement Alimony

Reimbursement alimony is awarded when one spouse helped put the other through school, professional training, or career advancement during the marriage. For example, if you worked as a teacher to put your spouse through medical school, the court may award reimbursement alimony to compensate you for that sacrifice. This type is typically paid in a lump sum or over a defined period. Reimbursement alimony is often detailed in marital settlement agreements to ensure both parties understand the payment terms.

3. Limited Duration Alimony

Limited-duration alimony is paid for a set period of time. The duration is determined by the judge and is tied to the length of the marriage and the other statutory factors. For marriages shorter than 20 years, limited duration alimony is the presumed form. The term of limited-duration alimony generally cannot exceed the length of the marriage, except in exceptional circumstances.

4. Open Durational Alimony

Open durational alimony (formerly known as "permanent alimony" before the 2014 statutory amendment) is available only for marriages of 20 years or longer. It continues indefinitely until the death of either spouse, remarriage of the recipient, or court modification based on changed circumstances. This form of alimony is reserved for long-term marriages where the lower-earning spouse is unlikely to become fully self-sufficient. Even open durational alimony can be modified if circumstances change significantly, and it is subject to a rebuttable presumption of modification or termination when the payor reaches full retirement age.

Important: New Jersey abolished "permanent alimony" as a legal category in 2014 when the legislature amended N.J.S.A. 2A:34-23. The correct term is "open durational alimony." While the practical effect is similar (support without a fixed end date for marriages over 20 years), the legal framework is different, and the 2014 reforms added retirement-age presumptions and other limitations that did not exist under the old permanent alimony standard.

How NJ Courts Determine Alimony Amounts

The 13 Statutory Factors

New Jersey family law requires courts to consider 13 specific factors when determining alimony amounts and duration under N.J.S.A. 2A:34-23. There is no fixed formula, no percentage guideline, and no income cap that applies to alimony. The determination is entirely discretionary based on these factors:

1. The actual need and ability to pay of the parties

2. The duration of the marriage or civil union

3. The age and physical and emotional health of the parties

4. The standard of living established during the marriage, and the likelihood that each party can maintain a reasonably comparable standard of living

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 alimony

7. The parental responsibilities for the children

8. The time and expense necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment

9. The history of the financial or non-financial contributions to the marriage, 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

11. The income available to either party through the 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. Any other factors which the court may deem relevant

The court weighs all 13 factors together. No single factor is dispositive, and different cases with similar income levels can produce very different alimony outcomes depending on the other circumstances.

How Long Does Alimony Last in New Jersey? 

The duration of alimony is based on the length of the marriage and the 13 statutory factors. There is no fixed formula in New Jersey law. While some attorneys and online resources cite rules of thumb (like "alimony lasts for half the length of the marriage"), these are informal guidelines, not legal rules. The statute gives judges broad discretion to determine the appropriate duration based on the specific facts of each case.

For marriages under 20 years, limited-duration alimony generally cannot exceed the length of the marriage. For marriages of 20 years or longer, open durational alimony may be awarded without a fixed end date, subject to modification upon changed circumstances.

Modification of Alimony

Either party can file a motion to modify alimony based on a "changed circumstance" under N.J.S.A. 2A:34-23. Common grounds for modification include:

• Job loss or significant income reduction (involuntary, not self-imposed)

• Retirement at full retirement age (creates a rebuttable presumption for modification)

• Cohabitation of the recipient with another person (may trigger suspension or termination)

• Serious illness or disability affecting the ability to pay or the need for support

• Remarriage of the recipient (terminates alimony automatically for all types except reimbursement)

If a change in circumstances involves a serious injury, consider consulting a personal injury attorney to explore a separate claim before seeking alimony modification.

The party seeking modification bears the burden of proving the changed circumstance. Courts will not modify alimony based on temporary setbacks or voluntary lifestyle changes.

Tax Treatment of Alimony in 2026

For all divorce agreements executed after December 31, 2018, alimony is not deductible by the payor and not taxable income for the recipient. This was a significant change under the Tax Cuts and Jobs Act, and it affects settlement negotiations because the total "cost" of alimony is now higher for the paying spouse (no tax deduction), and the "value" is higher for the receiving spouse (no tax obligation).

For agreements executed before January 1, 2019, the old rules still apply unless the agreement is modified and specifically states that the new tax rules apply.

FAQ

How much alimony will I pay (or receive) in New Jersey?
There is no formula. The amount is determined by the court based on 13 statutory factors, including income, need, standard of living during the marriage, and the earning capacity of both spouses.

How long does alimony last in New Jersey?
Duration depends on the length of the marriage and the statutory factors. For marriages under 20 years, limited-duration alimony generally cannot exceed the length of the marriage. For marriages of 20+ years, open durational alimony may be awarded.

Can alimony be modified after the divorce is final?
Yes, based on a "changed circumstance" such as job loss, retirement, cohabitation, or a significant change in either party's financial situation.

Does cohabitation affect alimony?
Yes. If the alimony recipient cohabitates with another person in a relationship that resembles marriage, the payor can file for suspension or termination of alimony.

Is there a difference between "permanent alimony" and "open durational alimony"?
Yes. New Jersey abolished permanent alimony in 2014. The replacement, open durational alimony, includes new protections like retirement-age presumptions that did not exist under the old standard.

Call to Action

Understanding alimony is critical whether you're going through a divorce, facing modification, or planning your finances post-separation. New Jersey law is detailed, and every case is different.

Call (732) 709-7757 or fill out our free case evaluation form. We offer a free consultation and have offices in Point Pleasant Beach, Red Bank, and Brick Township, serving Ocean County and Monmouth County. Villani & DeLuca has been serving New Jersey families for over 30 years.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Every case is different. Past results do not guarantee future outcomes.