Alimony for Long-Term vs. Short-Term Marriages in New Jersey

In New Jersey, the duration of a marriage is a key factor in determining the terms of alimony. Alimony, also known as spousal support, is designed to provide financial assistance to a spouse following a divorce, allowing them to maintain a lifestyle similar to what they enjoyed during the marriage. The length of the marriage plays a significant role in shaping how much alimony will be awarded and for how long. Understanding the differences in approach for long-term versus short-term marriages is crucial for both parties involved in a divorce. For help with alimony in Union, Essex, or Middlesex County or personalized advice tailored to your specific situation, contact the Law Offices of John B. D’Alessandro to speak with an experienced Union alimony lawyer.

How the Length of Marriage Affects Alimony in New Jersey

In New Jersey, alimony is governed by the state’s Alimony Reform Act of 2014, which outlines several factors that judges consider when determining alimony awards. One of the most critical factors is the length of the marriage. While there is no hard rule that separates short-term and long-term marriages, generally, marriages lasting less than 10 years are considered short-term, while marriages lasting longer than 10 years are considered long-term. The duration of the marriage affects not only the amount of alimony awarded but also the length of time for which it must be paid.

Alimony in Short-Term Marriages

In a short-term marriage, where the couple has been married for less than 10 years, alimony awards tend to be more limited in duration and scope. New Jersey courts generally aim to balance the financial situations of both spouses while recognizing that the spouses may not have been together long enough to create significant financial dependence. In many short-term marriage cases, courts may award limited-duration alimony, which is temporary and designed to support the lower-earning spouse until they can become self-sufficient.

When determining alimony in short-term marriages, courts will often consider factors such as:

• The financial needs of the dependent spouse.
• The earning capacity of both parties.
• The marital standard of living, though this is less influential than in long-term marriages.
• The health and age of both spouses.
• The ability of the higher-earning spouse to pay alimony.

Because the marriage was shorter, courts may award alimony for a limited number of years, typically for a duration similar to half the length of the marriage. For example, in a five-year marriage, the alimony award may last for two to three years.

Alimony in Long-Term Marriages

In contrast, alimony awards in long-term marriages, defined as marriages lasting 10 years or longer, tend to be more substantial, both in terms of amount and duration. Long-term marriages often create deeper financial entanglements, and one spouse may have become more financially dependent on the other. For these reasons, courts are more likely to award open-duration alimony in long-term marriages.

Open-duration alimony, also known as permanent alimony, may be granted when the marriage exceeds 20 years. This form of alimony does not have a set end date and continues until a significant change in circumstances occurs, such as the remarriage of the receiving spouse, the retirement of the paying spouse, or a major shift in either party’s financial situation.

In long-term marriages, courts will pay closer attention to:

• The marital lifestyle and the need for both parties to maintain a similar standard of living post-divorce.
• The contributions of each spouse to the marriage, including non-financial contributions such as raising children or homemaking.
• The sacrifices one spouse may have made for the benefit of the other’s career, which may impact their future earning potential.
• The length of time it would take for the lower-earning spouse to achieve financial independence, if ever.

Factors Considered in Alimony Determinations

Regardless of the duration of the marriage, New Jersey courts consider a broad range of factors when determining alimony, including:

• The actual needs of the recipient and the ability of the other party to pay.
• The ages and health of both parties.
• The income and property each party has, including inherited or pre-marital assets.
• The duration of the marriage.
• The physical and emotional health of the parties.
• The standard of living established during the marriage.

However, the length of the marriage often weighs heavily on these considerations, with long-term marriages resulting in longer-lasting and more generous alimony awards.

Modifying or Terminating Alimony

For both long-term and short-term marriages, alimony can be modified or terminated under certain circumstances. Either party can request a modification if there has been a significant change in circumstances, such as job loss, disability, or a substantial increase in the other party’s income. In long-term marriages, alimony may also be modified upon the paying spouse’s retirement, provided they retire at the standard retirement age.

Termination of alimony can occur upon the remarriage of the receiving spouse or if they enter into a cohabiting relationship, as defined under New Jersey law.

Contact the Law Offices of John B. D’Alessandro for Help With Alimony Issues in Union, New Jersey

If you are facing divorce in Union, Essex, or Middlesex County, the legal team at the Law Offices of John B. D’Alessandro can provide guidance tailored to your specific situation, ensuring your financial future is protected during and after divorce. Contact us today at 908-964-0102 to schedule a consultation and get the help you need for a fair outcome.