Alimony questions come up in almost every divorce case involving a significant income difference between spouses. The rules in New Jersey are nuanced, and the answers are rarely one-size-fits-all. This article works through the most common alimony questions in a straightforward way so you can walk into your case better prepared.
What Are the Four Types of Alimony in New Jersey?
New Jersey law recognizes four types of alimony. Open duration alimony applies when the marriage lasted more than 20 years and has no defined end date. Limited duration alimony applies when the marriage was under 20 years and carries a set term that cannot exceed the length of the marriage itself. Rehabilitative alimony is a time-limited payment designed to support a spouse who needs to re-enter the workforce or complete additional education or certification. Reimbursement alimony is a specific amount owed to one spouse to repay expenses they covered during the marriage, either for the benefit of the other spouse or for the marriage overall.
How Does the Court Decide the Amount?
There is no formula for alimony in New Jersey. The court evaluates a set of statutory factors that include the need of the receiving spouse, the ability of the paying spouse to meet that need, the standard of living during the marriage, the length of the marriage, child-rearing responsibilities, and the equitable distribution of marital property. Importantly, the Case Information Statement, which both spouses file with the court, directly informs many of these factors. It is a detailed financial snapshot of your income, expenses, assets, and debts. A thorough and accurate statement is one of the most valuable tools in your case.
Can I Modify My Alimony Obligation After the Divorce?
Yes. Alimony in New Jersey can be modified based on a substantial change in circumstances. That change can affect the amount, the duration, or both. Common grounds for a modification include retirement, a significant shift in either party’s income, a health event that affects earning capacity, or changes in financial responsibilities. The party seeking the modification carries the burden of demonstrating that the change is substantial and was not foreseeable at the time of the divorce. Courts take this standard seriously, so having solid documentation matters.
What Happens to Alimony If I Remarry?
If you are receiving alimony and you remarry, your alimony terminates on the date of that remarriage, unless your divorce agreement specifically provides otherwise. This is a hard rule in New Jersey with few exceptions.
On the other side of the equation, if the spouse who pays alimony remarries, that remarriage alone does not reduce or eliminate the obligation. The recipient is not entitled to more support because the payor has a new spouse. There is one limited exception: if the payor’s household expenses have decreased as a result of the remarriage, that reduction in expenses could support a request for modification.
What About Cohabitation?
Cohabitation is handled differently than remarriage. If you are receiving alimony and you begin cohabitating with a new partner, that cohabitation does not automatically terminate your support. The paying spouse must first demonstrate that cohabitation is occurring, which often involves gathering evidence about the nature and extent of the relationship. Once cohabitation is established, the court then determines whether and how it should affect the alimony obligation, whether that means a modification or full termination. This is a fact-specific and often contested issue.
Does Alimony End If My Former Spouse Passes Away?
Yes, in most cases. If either the paying spouse or the receiving spouse passes away, alimony terminates. One important nuance: the receiving spouse’s alimony entitlement does not pass to their children or heirs. Alimony is a personal obligation tied to the support of the individual, not a transferable financial asset. Reimbursement alimony, because it is tied to a specific defined amount, may be treated differently depending on the circumstances.
