New Jersey Alimony: Reform and Types

New Jersey overhauled its alimony laws in September 2014 when Governor Christie signed a comprehensive reform bill into law. The most significant change was the elimination of “permanent” alimony as a category, replacing it with “open durational” alimony. The reform also introduced clearer guidelines linking alimony duration to marriage length, addressed retirement as a basis for modification, and strengthened cohabitation provisions.

This article covers each type of alimony, the factors courts use to set awards, and the reform’s practical effects.

For a national overview of alimony law, see our guide on how alimony works.

The 2014 Alimony Reform: What Changed

Before the 2014 reform, New Jersey courts routinely awarded “permanent alimony” that continued indefinitely — often for the lifetime of the recipient. The reform made several foundational changes:

“Permanent” alimony was eliminated. Courts can no longer award alimony labeled as “permanent.” The new equivalent — open durational alimony — carries different rules and expectations.

Duration guidelines were introduced. For marriages lasting 20 years or fewer, alimony duration generally cannot exceed the length of the marriage. For marriages exceeding 20 years, the court may award open durational alimony without a fixed end date.

Retirement was addressed. The reform created a rebuttable presumption that alimony terminates when the paying spouse reaches full retirement age as defined by the Social Security Administration.

Cohabitation standards were clarified. The reform provided specific factors for evaluating when a recipient spouse enters a cohabiting relationship, making it easier for the paying spouse to seek modification.

The Four Types of Alimony

New Jersey recognizes four types of alimony under N.J.S.A. 2A:34-23(b):

Open Durational Alimony

Open durational alimony replaced what was formerly called permanent alimony. It is available only for marriages that exceeded 20 years in length. As the name suggests, this type of alimony does not have a predetermined end date — but it is not unlimited.

Open durational alimony continues until modified or terminated by the court, or until one of the following events occurs:

• The death of either party
• The remarriage of the recipient
• The paying spouse reaches full retirement age (subject to the rebuttable presumption discussed below)
• A substantial change in circumstances justifies modification

Courts award open durational alimony when the financial disparity between the parties is significant enough that a fixed end date would create an unjust result.

Limited Duration Alimony

Limited duration alimony provides support for a set period of time and is the most common type awarded in marriages of 20 years or fewer. The court sets both the amount and the duration based on the statutory factors.

Under the 2014 reform, limited duration alimony cannot exceed the length of the marriage except in exceptional circumstances. If a marriage lasted 12 years, for example, the alimony award generally cannot extend beyond 12 years. Courts can deviate from this guideline only by providing specific written findings explaining why the deviation is necessary.

The amount of limited duration alimony can be modified based on a change in circumstances, but the duration generally cannot be extended.

Rehabilitative Alimony

Rehabilitative alimony supports a spouse who needs education, training, or work experience to become self-supporting. It requires a specific rehabilitative plan that the court approves as part of the award. The plan must outline the steps the recipient will take (such as completing a degree or obtaining a license), a realistic timeline, and the costs involved.

Rehabilitative alimony can be modified or terminated if the recipient fails to follow the plan, completes the plan ahead of schedule, or if circumstances change.

Reimbursement Alimony

Reimbursement alimony compensates a spouse who supported the other spouse through education or career advancement with the expectation of sharing in the resulting financial benefits. This type is distinct from the others because it is backward-looking — it reimburses for contributions already made, rather than addressing future needs.

A common scenario involves one spouse working to put the other through medical school, law school, or another professional program. Reimbursement alimony is typically not modifiable once awarded because it compensates for a past contribution rather than an ongoing need.

The 14 Statutory Factors

New Jersey courts consider 14 factors under N.J.S.A. 2A:34-23(b) when determining whether to award alimony, the type, the amount, and the duration:

1. The actual need and ability of the parties to pay
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 needed for the party seeking alimony to acquire sufficient education or training to find appropriate employment
9. The history of financial or non-financial contributions to the marriage by each party, including contributions as a homemaker
10. The equitable distribution of property ordered by the court and how it affects the need for alimony
11. The income available to either party through investment of assets
12. The tax treatment and consequences to both parties of any alimony award
13. The nature, amount, and length of pendente lite support paid during the divorce proceedings
14. Any other factors the court deems relevant

No single factor controls the outcome. Courts weigh all 14 factors together to reach a result that is fair given the totality of the circumstances.

Duration Guidelines

The 2014 reform introduced clearer expectations about how long alimony should last:

Marriages of 20 years or fewer: Alimony duration generally cannot exceed the length of the marriage. Courts can deviate in exceptional circumstances but must explain their reasoning in writing.

Marriages exceeding 20 years: The court may award open durational alimony without a fixed end date. However, the retirement presumption, changes in circumstances, and cohabitation provisions all provide pathways to modification or termination.

The 20-year threshold is a significant benchmark but not a rigid line. A marriage that lasted 19 years may still warrant open durational alimony if the circumstances justify it, though the court must provide specific findings.

Retirement as a Modification Trigger

One of the most impactful provisions of the 2014 reform addresses retirement. Under the amended statute:

• There is a rebuttable presumption that alimony terminates when the paying spouse reaches full retirement age as defined by the Social Security Administration (currently between 66 and 67, depending on birth year)
• The paying spouse may file a motion to terminate or modify alimony in advance of retirement — the court can set a prospective termination date
• The presumption can be rebutted if the recipient shows that termination would create an undue hardship or that the paying spouse has the ability to continue paying despite retirement
• The court considers the paying spouse’s age, health, field of employment, and the age at which others in that field customarily retire

This provision brought significant clarity to a previously uncertain area. Before the reform, retired alimony payers often faced prolonged litigation and uncertain outcomes. The retirement presumption gives both parties a clearer framework for planning.

Cohabitation Provisions

The 2014 reform also strengthened the paying spouse’s ability to modify or terminate alimony when the recipient enters a cohabiting relationship. Under the revised statute, the court considers:

• Whether the recipient has maintained a common residence with another person
• Whether the recipient and the cohabitant share living expenses or financial responsibilities
• Whether the relationship is characterized by stability, permanence, and mutual interdependence
• Whether the recipient has intermingled finances with the cohabitant
• Whether the cohabitant has contributed to the recipient’s support
• Whether the recipient has been held out as married or represented to be in a committed relationship

A finding of cohabitation does not automatically terminate alimony. The court must still determine whether the cohabitation has reduced the recipient’s need for support. However, the 2014 reform made it easier for the paying spouse to establish cohabitation and shifted the analysis toward practical financial considerations.

Impact on Existing Orders

The 2014 reform applies to all alimony awards entered after its effective date. For existing orders entered before the reform:

• The paying spouse can seek modification based on retirement using the new retirement presumption
• The cohabitation provisions apply to motions filed after the reform’s effective date
• The duration guidelines do not retroactively apply to existing permanent alimony awards

If you have a pre-2014 permanent alimony order, the most common avenue for relief is a retirement-based motion. Courts apply the new presumption even to older orders, provided the motion is filed after the reform took effect.

What to Do Next

Whether you expect to pay or receive alimony in a New Jersey divorce, preparation is essential:

1. Classify your marriage length. The 20-year threshold is the most important dividing line in New Jersey alimony law. Marriages of 20 years or fewer are subject to the duration cap. Marriages exceeding 20 years may result in open durational alimony.
2. Gather financial documentation. Collect pay stubs, tax returns, bank statements, investment account statements, and expense records. The Case Information Statement required in every New Jersey divorce demands detailed financial disclosure.
3. Assess your earning capacity. Courts consider not only what you currently earn but what you could earn given your education, skills, and work history. If you have been out of the workforce, start thinking about rehabilitative steps.
4. Understand the interplay with property division. Alimony and equitable distribution interact — a larger share of marital assets may reduce the need for ongoing support. Consider the full financial picture.
5. Consult a New Jersey family law attorney. The 2014 reform changed the alimony landscape significantly. Schedule a free consultation to discuss how the current law applies to your circumstances.

Frequently Asked Questions

Is permanent alimony still available in New Jersey?

No. The 2014 reform eliminated “permanent” alimony as a category. The closest equivalent is open durational alimony, which is available only for marriages exceeding 20 years and is subject to modification, the retirement presumption, and cohabitation provisions.

How long does alimony last in New Jersey?

For marriages of 20 years or fewer, alimony generally cannot exceed the length of the marriage. For marriages exceeding 20 years, the court may award open durational alimony without a fixed end date, but there is a presumption that it terminates at the paying spouse’s full retirement age.

Can alimony be modified after the divorce?

Yes. Either party can seek modification based on a substantial change in circumstances, such as a significant change in income, job loss, disability, or retirement. The 2014 reform also allows modification based on the recipient’s cohabitation.

Does retirement automatically end alimony?

Not automatically, but close. There is a rebuttable presumption that alimony terminates when the paying spouse reaches full Social Security retirement age. The recipient can rebut this presumption by showing undue hardship or that the paying spouse has the ability to continue paying.

How does cohabitation affect alimony in New Jersey?

If the alimony recipient moves in with a new partner, the paying spouse can petition the court for modification or termination. The court evaluates factors such as shared living expenses, intermingled finances, and whether the relationship has reduced the recipient’s need for support. Cohabitation does not automatically end alimony but provides a strong basis for modification.