How Long Does Alimony Last?

Alimony is a court-ordered financial obligation that one spouse pays to another after divorce to provide economic support. While alimony can be a crucial source of financial stability for a dependent spouse, it is not necessarily permanent, and it is not awarded in every divorce. The duration of alimony in New Jersey depends on several factors, including the type of alimony awarded, the length of the marriage, and any significant changes in circumstances. See below for a discussion of this critical question, and contact the Law Offices of John B. D’Alessandro for personalized advice tailored to your specific situation from an experienced and knowledgeable Union family law attorney.

Types of Alimony in New Jersey

New Jersey law recognizes several types of alimony, each with different durations:

1. Open Durational Alimony – This type of alimony replaces what was once known as “permanent alimony.” It is awarded in long-term marriages (typically lasting 20 years or more) where one spouse has a significant financial need. Open durational alimony continues indefinitely but may be modified or terminated based on substantial changes in circumstances, such as retirement or remarriage of the receiving spouse.

2. Limited Duration Alimony – As the name suggests, this alimony is awarded for a specific period. It is common in marriages that lasted fewer than 20 years, with the duration typically not exceeding the length of the marriage. For example, if a marriage lasted 10 years, the alimony may be ordered for a similar timeframe, though the court has the discretion to adjust the length based on the needs of the receiving spouse.

3. Rehabilitative Alimony – This short-term alimony is designed to support a spouse while they obtain the education or training necessary to become self-sufficient. The paying spouse provides financial assistance until the receiving spouse completes the necessary steps to reenter the workforce.

4. Reimbursement Alimony – This form of alimony reimburses a spouse who financially supported the other through advanced education, such as medical or law school, expecting to benefit from the increased earnings. The payments compensate for the investment made rather than providing ongoing support.

Factors Influencing the Duration of Alimony

New Jersey courts consider several factors when determining the length of alimony, including:

• The length of the marriage
• The financial needs and earning capacity of both spouses
• The standard of living established during the marriage
• The contributions of each spouse to the marriage, including child-rearing and homemaking
• The age and health of both parties
• Any significant financial or personal changes that may impact alimony obligations

When Does Alimony End?

In some situations, alimony may be ended before the time it was set to expire. The following circumstances may lead to the termination of alimony:

• Cohabitation – If the receiving spouse enters into a new supportive relationship resembling marriage, the paying spouse may request termination or modification of alimony.

• Remarriage of the Recipient – Alimony typically ends if the receiving spouse remarries, except in cases of reimbursement alimony.

• Retirement of the Paying Spouse – A paying spouse may petition for alimony modification or termination upon reaching full retirement age, provided it is done in good faith and does not impose undue hardship on the recipient.

• Significant Financial Changes – If either spouse experiences a major financial shift, such as job loss, illness, or disability, the court may review and adjust the alimony order.

Can Alimony Be Modified?

Yes, alimony can be modified or terminated if there is a substantial change in circumstances. Either party can petition the court to adjust the alimony order based on new financial, employment, or personal situations. It is essential to present clear evidence of the changes to justify modification.

Consult a New Jersey Family Law Attorney for Help With Alimony

If you are facing a divorce or need guidance on alimony duration and modifications, an experienced family law attorney can help you understand your rights and obligations. At the Law Offices of John B. D’Alessandro, we assist clients in Union, Essex, and Middlesex counties with all aspects of alimony and family law matters. Contact us today to discuss your case and find the best legal solution for your financial future.