In September 2014, New Jersey made major changes to spousal support and ended permanent alimony. The replacement was open durational alimony for long-term marriages, meant to help a dependent spouse stay financially stable after divorce.
If you are ending a decades-long marriage, it is crucial to understand what financial support you may be entitled to or may be responsible for. Familiarity with the rules surrounding this type of alimony is key to planning for your financial future with clarity and confidence.
Eligibility for open durational alimony
This type of alimony is usually for marriages that last 20 years or more. Open durational alimony generally helps the spouse who relies on support maintain a similar lifestyle to the one during the marriage.
Shorter marriages may qualify for limited durational alimony, where the term typically cannot exceed the total marital length. The support ends when the recipient becomes self-sufficient.
The retirement factor
While there is no set time limit on open durational alimony, the support generally ends if either party dies or if the recipient remarries. In some cases, alimony can also stop when the payer reaches Full Retirement Age, usually 66 or 67 years old. This is because retiring can bring a significant change in financial circumstances, which can alter or terminate support payments altogether.
Payer vs. recipient concerns
For the paying spouse, open durational alimony can feel like payments will never end. This can cause stress about long-term finances. However, New Jersey alimony law gives a clearer way to end payments through retirement. This can make things more predictable by recognizing that support should not last beyond a person’s normal working years.
For the recipient, the payer’s retirement can feel like a sudden drop in income. It may cut off a main source of money when they still need financial stability and rely on alimony for basic expenses. Recipients can object to ending alimony if they can show it would be unfair based on their circumstances.
Helping you secure post-divorce stability
Whether you are facing making ongoing payments or relying on support for your financial security, knowing your options is crucial when ending your long-term marriage. A family law attorney can give you guidance based on the specific factors of your case.