Alimony in NJ 2026 is the part of divorce that keeps otherwise calm, reasonable people awake at 2:00 a.m. In our Bergen County practice, we see it every week: someone isn’t just worried about the divorce—they’re worried about the after. Two households. One income. A retirement date that suddenly feels less like a milestone and more like a question mark.
Here’s the honest truth from a lawyer’s point of view: New Jersey’s alimony law gives judges a framework, but it is still deeply fact-driven. There’s no magic calculator that spits out a “correct” number. And that’s why two people can read the same statute and walk away with totally different expectations.
What we can do—what we do for our clients every day—is translate the law into plain English, show you how these cases tend to move in real life, and help you avoid the common mistakes that make alimony fights longer, uglier, and more expensive than they need to be.
This guide is general information, not legal advice for your specific situation. But it will put you in a far better position to understand what matters in Bergen County, what doesn’t, and what to do next.
Alimony in NJ 2026 – An Explanation
In New Jersey, alimony (also called spousal support) is financial support paid by one spouse to the other after separation or divorce. The goal is not to punish anyone. The goal is to address economic unfairness created by the marriage and the divorce—especially where one spouse became financially dependent on the other or sacrificed career opportunities for the household.
If you take one concept from this article, make it this: alimony is tied to the marital lifestyle and economic dependency. That’s why it can apply even when both spouses worked, and why it may not apply even in a longer marriage if dependency is minimal.
Also important: alimony is not child support. Child support is for the children and follows guideline-based calculations. Alimony is adult-to-adult support and is not formula-driven in the same way.
What changed (and what didn’t) in New Jersey alimony law
Most of the “modern” alimony structure in NJ traces back to the 2014 reforms, which are still the backbone of how alimony is awarded today. Those reforms replaced the old idea of “permanent alimony” with open durational alimony and introduced more explicit rules around duration for marriages under 20 years, retirement, and cohabitation.
What hasn’t changed is this: judges have discretion. The statute lists factors; it does not dictate outcomes. That’s why your documentation (income proof, budgets, lifestyle evidence) matters so much—and why the “my friend paid X so I’ll pay X” logic is usually a fast road to disappointment.
The types of alimony you’ll hear about in NJ
New Jersey recognizes several forms of alimony. In a single case, you may see one type or a combination depending on the facts.
Open durational alimony
This is the form that replaced “permanent” alimony in most situations. The key detail people remember is the 20-year mark: in many cases, open durational alimony is associated with marriages of 20 years or more, though the analysis is still based on the statute and the overall facts.
Open durational does not automatically mean “forever.” In reality, it means the support doesn’t have a fixed end date at the start, but it is still subject to later events—especially retirement.
Limited duration alimony
Limited duration alimony is support for a fixed number of years (or months). It’s common in marriages that were meaningful but not long enough to justify open durational support, or where dependency exists but rehabilitation and/or time can realistically close the gap.
A practical Bergen County note: limited duration cases tend to settle more often because both sides can “see the finish line.” When we can define duration and build in review points, the temperature of the case often drops.
Rehabilitative alimony
Rehabilitative alimony is designed to help a spouse become self-supporting—through education, training, re-entry into the job market, or credentialing.
Rehabilitative awards work best when the plan is specific. Judges (and the other side) tend to take this more seriously when there’s a clear timeline: what training, what cost, what time, and what earning potential.
Reimbursement alimony
Reimbursement alimony is less common, but it still comes up—especially where one spouse supported the other through an advanced degree or professional program with the shared expectation of enjoying the financial benefits later.
Pendente lite support
This isn’t a “type” of final alimony so much as it is a temporary support order while the divorce is pending. In Bergen County Family Part, pendente lite issues matter because they shape the status quo. A temporary number can influence settlement discussions later—even though it’s not supposed to lock in the final outcome.
How judges decide alimony in NJ
New Jersey law requires courts to consider specific factors when deciding whether alimony is appropriate, what type, how much, and for how long.
From a lawyer’s perspective, the biggest mistake we see is when people focus on just one factor—like the length of the marriage or the difference in income—and assume that factor will decide the case by itself. It won’t.
The “touchstone” concept: marital standard of living
If you’ve been through even the early stages of a divorce consult, you’ve probably heard a lawyer say: “We need to understand the marital lifestyle.”
That’s not lawyer-speak. It’s critical. New Jersey’s Supreme Court has emphasized that the marital standard of living is the touchstone for alimony decisions and later modifications.
What does that mean in real life?
It means your case isn’t only about income. It’s about what your marriage actually looked like financially—housing, cars, travel, dining out, kids’ activities, savings habits, debt habits, and the “invisible” expenses people forget until they separate.
When those details are missing, cases become a battle of guesswork. And guesswork is expensive.
Need and ability to pay
Judges look at whether one spouse genuinely needs support and whether the other spouse realistically has the ability to pay after accounting for their own reasonable expenses.
This is where exaggerated budgets backfire. If a budget reads like a wishlist instead of a credible snapshot, it can undercut your entire presentation.
Earning capacity matters (not just current income)
Earning capacity includes education, skills, employability, health, and job history. In some cases—especially where someone is underemployed by choice—courts can impute income. That’s why “I’m taking a break from work” can be legally complicated during a divorce.
Contributions to the marriage still count
Financial contributions matter, but so do non-financial ones: raising children, managing the home, supporting the other spouse’s career, relocating for a job, running the household while the other spouse traveled, and so on.
This is often where long-term stay-at-home spouses either win or lose their case. When the story is told clearly—with specifics—it lands. When it’s vague, it’s easier to dismiss.
Marital fault is usually not the driver
New Jersey generally does not award alimony as a “punishment” for bad behavior. The Supreme Court has said marital fault is typically irrelevant to alimony, with narrow exceptions (for example, where fault has economic consequences or is so egregious that continuing financial ties would be unjust).
That means: adultery alone rarely decides alimony. But financial misconduct that damaged the marital finances can become relevant.
Alimony amounts in NJ: why there’s no simple calculator
Clients ask this every day: “Just give me a range.”
We can often give ranges based on experience, but here’s why it’s never as simple as a percentage:
New Jersey does not use a statewide formula the way child support does
Alimony is discretionary and based on the statutory factors. If someone promises you there’s a universal alimony formula in NJ, be cautious.
The Case Information Statement is where cases are won or lost
Most alimony battles are really battles about financial credibility. Income, expenses, lifestyle, and cash flow.
If your Case Information Statement is rushed, incomplete, or inconsistent with your tax returns and bank statements, the other side will use it against you.
Variable income is a common Bergen County issue
Bonuses, commissions, deferred compensation, stock awards, self-employment income—these are routine in our area. They also complicate alimony because the question becomes: what is “real” income versus temporary fluctuation?
A well-drafted settlement often handles this with a base amount plus a percentage of bonus/variable income. That kind of structure can reduce litigation later.
How long does alimony last in NJ 2026?
Duration is one of the first questions clients ask, and for good reason.
Marriages under 20 years
For marriages under 20 years, New Jersey law states that the total duration of alimony generally should not exceed the length of the marriage, except in exceptional circumstances.
“Exceptional circumstances” is not a throwaway phrase. It’s where the litigation lives. Health issues, career sacrifice, caretaking responsibilities, and unusual dependency can all push a court to extend duration beyond the marriage length.
Marriages of 20 years or more
Longer marriages may support open durational alimony, but again, that doesn’t equal lifetime support. Retirement is now a major part of the framework, and it comes up earlier than most people expect.
Temporary support while the divorce is pending
If your divorce is ongoing, you may hear about pendente lite alimony.
Temporary support is designed to stabilize the situation while the case moves forward. The court’s goal is often to prevent one spouse from being financially strangled during litigation.
But here’s the practical warning: temporary orders can create momentum. If you accept an unrealistic temporary figure without addressing the underlying assumptions, it can follow you into settlement discussions. That doesn’t mean you shouldn’t seek temporary support. It means you should seek it strategically—with real documentation.
When alimony can be modified or terminated
Life changes. New Jersey law recognizes that support orders may need to change when circumstances change.
The landmark case people still cite is Lepis v. Lepis, which explains that support obligations can be modified upon a showing of changed circumstances, with the court looking at the facts and, when appropriate, allowing discovery.
Here are the big life events that come up most:
Remarriage
In many situations, remarriage ends certain forms of alimony. The details matter, and the type of alimony matters, so this is not something you want to assume—especially if you’re the paying spouse and you hear your ex “might be getting remarried.”
Cohabitation
Cohabitation is one of the most misunderstood parts of NJ alimony law. It does not necessarily require sharing one address 24/7. Courts look at whether the relationship is mutually supportive in a way similar to marriage—shared finances, shared responsibilities, a stable partnership dynamic.
As of early 2026, there has been legislative activity aimed at clarifying cohabitation’s impact. For example, Assembly Bill A1576 was introduced and would permit modification of an alimony award based on the supported spouse’s cohabitation. As of January 13, 2026, it was introduced and referred to committee.
In practice, cohabitation litigation often turns into an evidence case—financial records, spending patterns, shared expenses, and lifestyle proof. If you’re alleging cohabitation, “I saw a car in the driveway” rarely gets you to the finish line. If you’re defending against a cohabitation claim, pretending it’s “no big deal” is also risky.
Retirement
Retirement is a major driver of alimony modification in NJ.
The 2014 reforms included retirement provisions that create a rebuttable presumption of termination at full retirement age in certain situations, while allowing the court to examine factors and set a different outcome for good cause.
Retirement cases are rarely “automatic.” They require careful proof: retirement timing, financial resources, health, post-retirement income, and the supported spouse’s situation.
Job loss, disability, or significant income change
If the paying spouse loses a job or suffers a major income reduction, modification may be possible—but courts typically look for a change that is real, material, and not temporary.
On the flip side, if the supported spouse’s income increases significantly, that may also support modification.
Taxes in 2026: federal rules vs New Jersey rules
This is where a lot of people get blindsided—especially in higher-income Bergen County cases.
Federal tax treatment
Under federal law, alimony paid under divorce or separation agreements executed after 2018 is not deductible by the payer and is not taxable to the recipient. Agreements executed on or before December 31, 2018 may follow the older rules unless properly modified to adopt the newer treatment.
New Jersey tax treatment
New Jersey does not automatically mirror the federal change. New Jersey continues to address alimony as part of state gross income and deductions.
You can see this directly in New Jersey’s tax materials: the NJ-1040 includes a line for alimony received and a deduction line for alimony paid.
Because state and federal treatment can diverge, we routinely encourage clients to speak with a tax professional during settlement—especially if the agreement involves significant support, variable income, or buyouts.
Negotiating a strong alimony agreement (the “lawyer brain” version)
Most alimony outcomes are negotiated—not tried. That’s good news. It means you have more control than you think, but only if the agreement is drafted intelligently.
Clear duration and clear triggers reduce future fights
If we can define when alimony ends (or when it can be reviewed), we reduce the odds of post-judgment warfare. Retirement language, cohabitation language, remarriage language—these aren’t “boilerplate.” They are often the difference between peace and another round of litigation.
Variable income should be handled, not ignored
If someone earns bonuses or commissions, ignoring that income often creates an unfair result. The better approach is usually to structure support in a way that is predictable month-to-month but still accounts for the real income picture.
Security matters when the stakes are real
Where support is significant, courts can require safeguards such as life insurance to protect the supported spouse if the payer dies (while arrears and obligations are still an issue). The law recognizes that support doesn’t enforce itself.
What we usually ask a client for early in an alimony case
We try to keep this practical. If you walk into a consult and have these items, you get better advice faster:
- The last 2–3 years of tax returns (personal and business, if applicable)
- Recent pay stubs and proof of bonus/commission history
- A current budget that reflects real spending (not aspirational spending)
- Bank statements and credit card statements (a snapshot is often enough to start)
- Retirement account statements and benefit summaries
- Any existing court orders or agreements (temporary support, prior divorce orders, etc.)
That’s not busywork. That’s how we take your case from “general talk” to a real strategy.
Common myths about alimony in NJ (that cause expensive mistakes)
“If we were married 10 years, alimony is automatic.”
No. Length of marriage matters, but it is not the only driver. Dependency, need, ability to pay, lifestyle, and earning capacity all matter. 
“There’s a set percentage formula.”
Not statewide. If someone is quoting you a simple percentage as if it’s law, treat that as a red flag.
“If I just retire, it ends.”
Retirement is a legitimate basis to seek modification or termination in many situations, but it typically requires a proper application, proof, and legal analysis.
If you’re paying alimony: protecting yourself without playing dirty
If you’re the higher earner, paying alimony can feel like you’re being asked to finance someone else’s future. That’s an emotional reaction we hear a lot—and it’s understandable. But your best outcome usually comes from focusing on structure, documentation, and long-term planning.
We often look at:
How stable is your income, really? If it’s variable, we build a structure that reflects that reality.
What does your post-divorce budget look like? In NJ, housing costs and taxes can make “affordable” a moving target. Courts understand two households cost more than one.
Can we set realistic review points? Retirement and career changes shouldn’t be treated like surprises.
Is the agreement enforceable and clear? Vague terms breed future litigation.
If you’re receiving alimony: making the support work for you
If you’re the spouse seeking support, you’re often walking into divorce with a mix of fear and frustration: fear about stability and frustration about how your contributions are being minimized.
The strongest recipient cases tend to have:
A clear lifestyle story (what the marriage actually looked like financially)
A credible budget
A realistic plan for employment or increased earning over time (when appropriate)
Good documentation of career sacrifice, caretaking responsibilities, and the reality of re-entering the job market
Support is not about “winning.” It’s about rebuilding stability without pretending the economic impact of the marriage didn’t happen.
What to watch in 2026: pending legislation and real-world trends
As of early 2026, A1576 is one bill to watch because it addresses alimony modification in the context of cohabitation. It was introduced and referred to committee on January 13, 2026.
By contrast, other proposed alimony-related bills in recent sessions have stalled. For example, A2668 (regarding domestic violence convictions and alimony) progressed in the Assembly but ultimately died in committee in the Senate during the 2022–2023 session.
Legislation changes slowly—but when it changes, it matters. If your case is pending or you’re negotiating an agreement now, it’s worth building language that anticipates the most common future disputes (cohabitation, retirement, variable income), regardless of whether a bill becomes law.
The bottom line
Alimony in NJ 2026 is not guesswork, but it’s also not mechanical. If you want to protect yourself—whether you’re paying or receiving—your best “move” is to get organized early, understand what the court is actually required to consider, and negotiate with a plan that matches real life.
At Sammarro & Zalarick, this is exactly where we spend our time: turning the statute into a strategy, and turning a strategy into a settlement (or trial plan) that holds up.
Disclaimer: This post is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Custody outcomes are fact-specific.
If you’d like to talk through Alimony in NJ 2026 as it applies to your specific situation—whether you’re concerned about what you may have to pay, what you may be entitled to receive, or how to modify an existing order—Sammarro & Zalarick can help.
Our office serves clients throughout Bergen County and Northern New Jersey, and we’ll take the time to understand your finances, your goals, and what a realistic outcome looks like in your case.
To schedule a FREE confidential consultation, call our office or use the contact form below and let us know the basics (marriage length, incomes, and whether support is already in place). We’ll guide you through next steps and help you move forward with a clear plan.