Spousal Support & Alimony FAQs

Going through a divorce means dealing with a lot of changes. Among the many changes are adjustments regarding finances: how to split up assets, set up new household budgets, and plan for the future. 

For many couples, this process involves discussing alimony. Alimony can be a helpful tool that can allow parties to maintain a lifestyle reasonably comparable to what they enjoyed while married.

However, alimony is complex, and significant changes were made to the alimony laws in New Jersey in 2014, which affected many aspects of alimony law. As such, there are many questions and misunderstandings about how alimony works. 

Our New Jersey divorce lawyers provide answers to your most frequently asked questions regarding spousal support and alimony in this article. 

What is the difference between spousal support and alimony?

Alimony and spousal support mean the same thing, with both terms referring to financial support paid by one spouse to the other spouse during and/or after a divorce. 

Alimony is the traditional term used to describe these support payments. In the past, it was synonymous with monetary support paid by a husband to a wife. However, that is not the case today. 

Courts may grant either spouse alimony, spousal support, or spousal maintenance. Gender is not a factor in granting alimony; either spouse may receive alimony or spousal support payments. Therefore, many states have begun using the gender-neutral term “spousal support” to do away with the out-of-date assumption that alimony is primarily support paid by a husband to a wife. You may hear both terms used in a New Jersey divorce or legal separation case. 

What types of alimony can judges grant in New Jersey?

New Jersey judges grant several types of alimony, including:

• Temporary alimony: Temporary spousal support may be granted while the divorce is pending. The judge may stop, continue, or change the amount of alimony in the final divorce decree.
  
• Open Durational alimony: This alimony replaced permanent alimony. Without a change in circumstances, it is presumed the spouse receiving support continues to receive alimony until they begin receiving retirement benefits.
  
• Limited Duration alimony: Provides support for a spouse after the marriage ends for a specific period of time. Limited duration alimony is typically awarded if a marriage has been long enough to warrant alimony payments, but not long enough for open durational alimony.
  
• Rehabilitative alimony: This alimony is intended to provide financial support to a spouse who is re-entering the job market following a divorce until the spouse gains the necessary skills, education, or training to become self-supporting. 
• Reimbursement alimony: A paying spouse often uses this alimony to reimburse the other spouse for assisting them in obtaining their education, especially when a spouse pays the tuition and/or expenses. Reimbursement alimony may be paid in one lump sum instead of over time. 

What factors go into determining whether alimony should be awarded?

Judges consider numerous factors when deciding whether to grant alimony and, if so, what type and amount to grant. These factors include: 

• The length of the marriage or civil union
• The ages of the parties involved
• The physical and mental health of the parties involved
• The earning capacity of each party
• Equitable distribution of property
• Parental responsibilities
• Investment income available to each party
• The tax implications of alimony

Keep in mind that New Jersey doesn’t use a set formula for calculating alimony. Baseline calculations often start with assessing 20–25% of the net difference between your annual income and your former partner’s. However, these percentages could vary, and as with any legal matter, the final outcome will depend on the unique facts of your situation. 

How long do you have to pay alimony in New Jersey?

In 2014, New Jersey lawmakers made significant changes to the alimony laws in New Jersey. One of those changes impacted the duration of alimony payments. 

If spouses are married for less than 20 years, alimony payments cannot last longer than the marriage’s length. Therefore, if you and your spouse were married for five years, your alimony payment would stop after five years. 

However, the judge has the discretion to order longer periods of alimony regardless of the duration of the marriage. Exceptional circumstances judges may consider when deciding whether to increase the duration of alimony payments include:

• The spouses’ ages when they were married and now
• The degree to which a spouse depended on the other spouse during the marriage and the duration of the dependency
• Whether a spouse has an unusual health condition or chronic illness
• The fact that a spouse gave up their career or a career opportunity to support the other spouse’s career or other otherwise contributed to their spouse’s career
• Whether one of the spouses received a disproportionate share of the marital property
• The impact of the marriage on a spouse’s ability to earn an income to become self-supporting
• Tax considerations
• Other factors a judge deems relevant, equitable, and material in deciding an alimony award

In addition to the above factors, judges must also consider the need for separate homes and the ability of both spouses to maintain a standard of living.  

Can a spouse decline to pay alimony?

A receiving spouse can decline to accept alimony payments. While this might seem unusual, a spouse might decline alimony as a negotiating tool for property settlement or another of the terms of a separation agreement. 

However, a paying spouse cannot decline to pay alimony once the court issues an order. Refusing to pay alimony can result in contempt of court. The penalties for refusing to pay court-ordered alimony can include driver’s license suspension, property loss, extended alimony payments, and jail time.

If you cannot pay your alimony payments, speak with a New Jersey family law attorney immediately. An attorney can review your situation to advise you of your legal options for terminating or modifying alimony payments. 

Is spousal support always awarded? 

Spousal support and alimony are not guaranteed. No laws automatically entitle a spouse to alimony after a divorce. 

The court must determine that one spouse has a specific need for financial support and the other spouse is able to pay support. If the judge finds alimony is justified, they decide how long the payments will last and the amount of the alimony payments. 

What disqualifies you from receiving alimony?

Several things could disqualify you from receiving alimony in New Jersey. Examples include, but are not limited to:

• The judge finds there is no need for financial support.
• The paying spouse does not have sufficient funds to support both parties. 
• A spouse’s wrongdoing directly impacted the household finances (i.e., a spouse used the family’s retirement savings to fund an affair). 

Note that in situations of wrongdoing, said wrongdoing must be egregious and must have impacted the parties’ financial circumstances. Such circumstances are extraordinary and not commonly present in the majority of cases.  

Committing certain serious felonies could also disqualify someone from receiving alimony.

The court may also terminate alimony for several reasons. For example, a receiving spouse begins an intimate, long-term marital-like relationship with someone. The paying spouse may petition the court to suspend or terminate alimony. 

Likewise, if a spouse gets a new job earning substantially more, the paying spouse might petition the court for a modification or termination of alimony payments. 

Consult with a New Jersey Family law attorney 

Alimony and spousal support issues can be very complicated in a legal separation and divorce. The best way to protect your right to a fair outcome is to work with an experienced New Jersey alimony lawyer.

Contact Dughi, Hewit & Domalewski to schedule a consultation to discuss your situation with an attorney.