Pay Alimony in NJ isn’t automatic, and it isn’t supposed to be a punishment. But when you’re staring at two households, one income that may not stretch far enough, and a divorce timeline that feels like it’s moving too fast—those legal principles don’t calm your nerves.
In our Bergen County family law practice at Sammarro & Zalarick, we hear the same sentence in different forms: “I’m not trying to be unreasonable. I just need to know what a judge is likely to do.” That’s the right mindset. Alimony is one of the most fact-driven parts of a divorce, and the strongest cases are built on clear numbers and realistic plans—not guesses.
This article is how we explain New Jersey alimony to a potential client across the table: what it is, the types courts can award, how long it can last, and the situations where courts say “no,” cut it back, or end it.
(Quick note: This is general information, not legal advice for your specific case.)
Pay Alimony in NJ: the answer most people need first
In New Jersey, you may have to pay alimony if the court finds your spouse has a financial need and you have the ability to pay, after the judge applies the statutory factors in N.J.S.A. 2A:34-23.
That also means there are plenty of divorces where alimony is not awarded—especially when both spouses have similar incomes, similar earning potential, and the marriage didn’t create long-term dependence.
And one more point that matters emotionally: New Jersey courts have been clear that alimony is not a reward or a penalty. It’s meant to address economic fairness after a marriage ends.
Pay Alimony in NJ: what judges actually look at
The statute lists the factors a judge must consider, and the court is expected to make findings on those factors when alimony is in play.
Here are the ones that usually drive the outcome in real Bergen County cases.
Need and ability to pay
Judges don’t decide alimony in the abstract. They look at what each spouse earns (or can earn), what each spouse reasonably needs to live, and what’s realistically affordable once there are two households.
This is why financial disclosure matters. New Jersey divorces typically require a Case Information Statement (CIS)—and if the CIS is sloppy, inflated, or unsupported by documents, it can damage credibility fast.
The marital lifestyle
New Jersey law specifically instructs courts to consider the standard of living established in the marriage and the likelihood each party can maintain a reasonably comparable lifestyle after divorce—with neither spouse having a greater entitlement to that lifestyle than the other.
In plain terms: the court isn’t trying to make one spouse “win.” It’s trying to reach something fair, based on the life the parties actually lived and what they can realistically sustain now.
Earning capacity and “imputed income”
Alimony is not only about what someone earns today. If a spouse is voluntarily underemployed—working below their ability without a good reason—the court can “impute” income and calculate support as if that spouse were earning what they reasonably could. This comes up for both payors and recipients.
The length of the marriage
Length matters for two reasons: it affects whether support is appropriate at all, and it strongly affects duration. New Jersey’s statute includes specific duration rules for marriages under 20 years (we’ll cover that next).
Types of alimony in New Jersey
New Jersey law allows the court to award four types of alimony: open durational, limited duration, rehabilitative, and reimbursement.
Open durational alimony
Open durational alimony is what many people still think of as “permanent,” but New Jersey uses different language now. It’s most commonly considered in longer marriages where one spouse’s economic dependence is real and lasting.
“Open durational” does not mean “forever no matter what.” It can be modified or terminated when circumstances change, and retirement is a major example.
Limited duration alimony
Limited duration alimony has a clear end date. It’s often used when support is appropriate but long-term, open-ended support doesn’t fit the facts.
A practical warning we give clients: under the statute, the amount of limited duration alimony can be modified based on changed circumstances, but the length of the term usually is not changed except in unusual circumstances.
Rehabilitative alimony
Rehabilitative alimony is meant to help a spouse become self-supporting—typically through education, training, licensing, or re-entry into the workforce. New Jersey’s statute expects rehabilitative alimony to be based on a plan with steps and a timeframe.
In real life, this is where details matter. A vague goal like “go back to school” is weaker than a concrete plan: which program, how long, what it costs, and what income it’s expected to produce.
Reimbursement alimony
Reimbursement alimony is designed for a specific scenario: one spouse supported the other through an advanced education expecting to share in the benefit of that increased earning capacity. New Jersey’s statute says reimbursement alimony is not modifiable.
Alimony duration in NJ: how long could it last?
This is where most people either relax or panic—so let’s be direct.
Marriages under 20 years
For marriages (or civil unions) under 20 years, the statute states that the total duration of alimony generally shall not exceed the length of the marriage, except in exceptional circumstances.
Exceptional circumstances aren’t vague feelings. The statute gives examples—things like age at marriage/divorce, the degree of dependency, chronic illness, a spouse giving up career opportunities to support the family, disproportionate equitable distribution, and tax considerations.
Marriages 20 years or more
When the marriage is 20 years or longer, that statutory “cap” language doesn’t apply in the same way. That’s where open durational alimony becomes more realistic—especially with a meaningful income gap and long-term dependence.
Pay Alimony in NJ: when courts say “no” (or “not like that”)
There’s no single “magic fact” that blocks alimony in every case. But there are patterns we see repeatedly—situations where courts deny alimony or bring it down to a much more reasonable level.
When the requesting spouse can meet needs without support
If the spouse asking for alimony can cover reasonable living expenses with their own income and the assets they’ll receive, the court may decide alimony isn’t necessary.
When the payor doesn’t have the ability to pay
Ability to pay is not theoretical. If a proposed alimony award would leave the payor unable to meet basic living expenses (especially once child support and other obligations are accounted for), the court can reduce or deny the request.
When the marriage was short and both spouses are employable
In shorter marriages where both spouses are healthy, employable, and able to support themselves, alimony—if awarded—often looks more like a short transition than a long-term obligation.
When someone is intentionally underemployed
This cuts both ways. If the recipient is capable of earning more but refuses reasonable work, imputed income can reduce or eliminate alimony. If the payor is trying to “hide” from support by lowering income in bad faith, the court can look past the reported number and evaluate earning capacity and financial benefits.
When cohabitation changes the financial picture
New Jersey law allows alimony to be suspended or terminated if the recipient is cohabiting in a mutually supportive relationship—even if they don’t live together full-time.
The statute tells the court to consider things like intertwined finances, shared living expenses, social recognition of the relationship, frequency/duration of contact, shared chores, and other relevant evidence.
When someone expects alimony as “payback”
This is the hard truth: divorce court is not a venue for emotional justice. New Jersey courts emphasize that alimony is not meant to punish or reward.
When alimony can be reduced or ended after divorce
One reason we push for carefully written agreements and clean financial records is that post-judgment motions happen. Life changes. The question is whether the change is substantial, documented, and handled correctly.
Job loss or involuntary income reduction
New Jersey’s statute includes specific guidance for applications to reduce alimony after involuntary job loss, including that (generally) an application can’t be filed until the party has been unemployed or unable to return to prior income levels for 90 days, and the court can decide whether any relief is retroactive.
The practical lesson: don’t bury your head in the sand. If something changes, you address it the right way, with documentation.
Retirement and “full retirement age”
Retirement is one of the biggest pressure points in long-term support cases.
New Jersey’s statute creates a rebuttable presumption that alimony terminates when the payor reaches full retirement age (as defined by the Social Security Act), but the recipient can attempt to rebut that presumption for good cause.
The statute lists factors a court will consider—health, assets, income sources, the history of dependency, whether the recipient has reached full retirement age, and whether the recipient had the ability to save for retirement, among others.
Remarriage and death
New Jersey has a separate statute addressing termination of alimony, including termination upon remarriage (or a new civil union) for certain types of alimony, and termination upon the death of the payor (with arrears not erased).
This is also where the fine print matters. Settlement agreements can include language that clarifies what happens upon remarriage, cohabitation, retirement, or other foreseeable events.
Pay Alimony in NJ: practical moves if you might be the payor
Most payors don’t want a war. They want predictability. Here’s how we help clients get there.
First, get your financial documents in order and build a realistic monthly budget. Your case becomes much easier to negotiate when your numbers are clean and backed by statements and tax returns.
Second, don’t negotiate alimony in a vacuum. Alimony and child support are separate, but they both hit cash flow. You want to see the full monthly picture before you agree to a number.
Third, consider structure. In the right case, a step-down arrangement, a defined-term plan, or a combination of limited duration and rehabilitative alimony can produce a fair outcome and reduce future disputes.
Pay Alimony in NJ: practical moves if you may be the recipient
If you’re the spouse who needs support, credibility is your biggest asset.
Be honest about your needs, but also be realistic about work. If you need time and training, build a plan. Rehabilitative alimony is stronger when it’s tied to specifics.
And take the CIS seriously. It’s not “just a form.” It’s a sworn financial snapshot that becomes the backbone of negotiations and court decisions.
Quick FAQ
Does an affair affect alimony in New Jersey?
Most of the time, no. New Jersey focuses alimony on economic fairness, not punishment.
Can we agree to no alimony?
Yes. Many couples resolve divorce with a settlement that includes no alimony or a defined term, depending on the facts and bargaining positions.
Is alimony taxable?
Federal rules changed. For divorce instruments executed after 2018, alimony is generally not deductible to the payer and not included as income to the recipient (with different treatment for older instruments and certain modifications).
Can alimony be changed later?
Often, yes—if there’s a substantial change in circumstances and you follow the proper legal process. Retirement, job loss, and cohabitation are common examples addressed directly in the statute.
Closing thought
Alimony is rarely the “headline” people want, but it’s the issue that can quietly shape everything after divorce—where you live, how you plan, what you can save.
If you’re facing divorce in Bergen County, the fastest way to get clarity is to put real numbers on the table and apply the law to your facts. That’s what we do every day at Sammarro & Zalarick: practical advice, clear strategy, and a plan you can actually live with. Contact us to schedule a FREE confidential consultation.
Note: This article is general information, not legal advice. Laws and procedures change, and every case is different. For advice about your situation, speak with an attorney licensed in New Jersey.