Divorce

There are four types of alimony that a judge can grant: 1) open durational alimony; 2) rehabilitative alimony; 3) limited duration alimony; or 4) reimbursement alimony.¹ To read the definitions of each type of alimony, go to our Selected New Jersey Statutes page.

For any marriage that lasts less than 20 years, alimony can only be ordered for the number of years that the marriage or civil union lasted unless there are “exceptional circumstances.” Exceptional circumstances which may require an adjustment to the length (duration) of alimony include:

• the ages of the parties at the time of the marriage and at the time of the alimony award;
• how dependent one spouse was on the other during the marriage and how long that dependency lasted;
• whether a spouse has a chronic illness or unusual health circumstance;
• whether a spouse has given up a career or a career opportunity or otherwise supported the career of the other spouse;
• whether a spouse has received a disproportionate share of marital property or debt;
• the impact of the marriage on either party’s ability to become self-supporting, including but not limited to either party’s responsibility as primary caretaker of a child;
• tax considerations of either party; and
• any other factors or circumstances that the court deems equitable, relevant and material.²

In determining the length of the a limited durational alimony award, the judge must consider the length of time it would reasonably take for the recipient to improve his or her earning capacity to a level where limited duration alimony is no longer appropriate.²

¹ N.J. Stat. § 2A:34-23​(b)
² N.J. Stat. § 2A:34-23​(c)