New Jersey's rule on alimony turns on a feature the national template does not capture: New Jersey calls it alimony. No numeric formula. Courts apply statutory factors (need, ability to pay, duration of marriage, parental responsibilities, and more). Forms include Open durational, limited duration, rehabilitative, and reimbursement alimony.. The controlling authority is N.J.S.A. 2A:34-23. Duration: For marriages under 20 years, limited duration alimony generally may not exceed the length of the marriage except for good cause; longer marriages may support open durational alimony. Termination: Death, remarriage, or cohabitation under statutory standards; reaching full retirement age can support modification/termination of open durational awards.
Key takeaways
- New Jersey uses the term alimony under N.J.S.A. 2A:34-23.
- Amount and duration are largely discretionary, guided by statutory factors. No numeric formula. Courts apply statutory factors (need, ability to pay, duration of marriage, parental responsibilities, and more).
- Common forms include: Open durational, limited duration, rehabilitative, and reimbursement alimony.
- Duration framework: For marriages under 20 years, limited duration alimony generally may not exceed the length of the marriage except for good cause; longer marriages may support open durational alimony.
- Permanent / indefinite support: Open durational alimony (the modern successor to permanent alimony) is available especially after long marriages, subject to modification and termination statutes.
- Companion child-support guide: New Jersey child support guidelines.
Worked example under New Jersey law
The illustration below uses only rules already stated for New Jersey. It is a research hypothetical, not a prediction of what a court will do.
One spouse asks a New Jersey court for alimony after a divorce filing.
- Use the label and statute New Jersey actually uses: alimony under N.J.S.A. 2A:34-23.
- There is no formula. Apply the statutory factors: No numeric formula. Courts apply statutory factors (need, ability to pay, duration of marriage, parental responsibilities, and more).
- Set duration from New Jersey rules: For marriages under 20 years, limited duration alimony generally may not exceed the length of the marriage except for good cause; longer marriages may support open durational alimony.
- Identify what ends the award: Death, remarriage, or cohabitation under statutory standards; reaching full retirement age can support modification/termination of open durational awards.
Open durational alimony (the modern successor to permanent alimony) is available especially after long marriages, subject to modification and termination statutes. Fault: Fault may be considered among the statutory factors but is rarely dispositive alone. TCJA eliminated federal deductibility for post-2018 decrees; New Jersey tax treatment should be confirmed because state conformity has been an evolving issue.
What alimony is (and is not)
Alimony is court-ordered support from one spouse to the other after separation or divorce. It is separate from child support (see N.J. Court Rules Appendix IX; N.J.S.A. 2A:34-23) and from property division. A single judgment may include all three, but each has its own legal tests.
No spouse is automatically entitled to alimony. Courts typically ask whether one party has a genuine need and whether the other has the ability to pay, then apply New Jersey's statutory framework.
Eligibility and statutory factors
No numeric formula. Courts apply statutory factors (need, ability to pay, duration of marriage, parental responsibilities, and more).
Fault. Fault may be considered among the statutory factors but is rarely dispositive alone.
Document income, earning capacity, health, length of marriage, contributions as homemaker or to the other spouse's career, and the marital standard of living. Those facts drive both temporary (pendente lite) and final awards.
Types of alimony in New Jersey
Open durational, limited duration, rehabilitative, and reimbursement alimony.
Labeling matters. Rehabilitative awards usually require a plan (schooling, retraining, re-entry to the workforce). Durational or term awards run for a fixed period. Lump-sum or reimbursement awards may be non-modifiable depending on the judgment language and statute.
How amount is set
New Jersey does not use a statewide calculator for final alimony. Judges weigh the statutory factors and the record. Online “alimony calculators” are at best rough illustrations and are not controlling.
Temporary support while a divorce is pending often follows different local practices or guidelines than the final award. Confirm what your county or division actually uses.
How long alimony lasts
For marriages under 20 years, limited duration alimony generally may not exceed the length of the marriage except for good cause; longer marriages may support open durational alimony.
Permanent / indefinite support. Open durational alimony (the modern successor to permanent alimony) is available especially after long marriages, subject to modification and termination statutes.
When alimony ends or can be changed
Death, remarriage, or cohabitation under statutory standards; reaching full retirement age can support modification/termination of open durational awards.
Either party may usually seek modification upon a substantial change in circumstances unless the award was expressly made non-modifiable. Retirement, disability, remarriage, cohabitation, and large income swings are frequent triggers — but the statutory test and burden of proof are New Jersey-specific.
Taxes
TCJA eliminated federal deductibility for post-2018 decrees; New Jersey tax treatment should be confirmed because state conformity has been an evolving issue.
Child support remains non-deductible and non-taxable. Do not assume alimony treatment mirrors child support.
Case law: how New Jersey courts decide alimony
These LawDiver opinions illustrate how New Jersey appellate courts discuss need, ability to pay, duration, and related issues:
Elizabeth Gnall, Plaintiff-Respondent, v. James Gnall, Defendant-Appellant
Elizabeth Gnall, Plaintiff-Respondent, v. James Gnall, Defendant-Appellant, 222 N.J. 414 (2015)
…he Court examines a trial court’s award of limited duration alimony and determines whether it was appropriate for the Appellate Division to reverse and remand for an award of permanent alimony, when, in doing so, it created a bright-line rule regarding permanent alimony awards. This case stems from a divorce, that ended an almost fifteen-year marriage. Litigation proceedings fo…
On alimony, Elizabeth Gnall, Plaintiff-Respondent, v. James Gnall, Defendant-Appellant speaks to the New Jersey dispute in this passage: "Court examines a trial court’s award of limited duration alimony and determines whether it was appropriate for the Appellate Division to reverse and remand for an award of permanent alimony, when, in doing so, it created a bright-line rule regarding permanent alimony awards." The surrounding opinion shows how the court applied that language to the record.
Heinl v. Heinl
Heinl v. Heinl, 287 N.J. Super. 337 (1996)
…merous provisions of a final judgment of divorce, including alimony, child support, attorney's fees, and equitable distribution. Although several of the issues raised by defendant in this appeal are without merit, we find that there were errors in the court's decisions respecting alimony, counsel fees, and equitable distribution. In our partial reversal, we are called upon to e…
On alimony, Heinl v. Heinl speaks to the New Jersey dispute in this passage: "Although several of the issues raised by defendant in this appeal are without merit, we find that there were errors in the court's decisions respecting alimony, counsel fees, and equitable distribution." The surrounding opinion shows how the court applied that language to the record.
J.E.V., PLAINTIFF-RESPONDENT v. K.V.
J.E.V., PLAINTIFF-RESPONDENT v. K.V., 426 N.J. Super. 475 (2012)
…ues that the trial judge erred by awarding limited duration alimony rather than permanent alimony. We reaffirm established principles governing the award of limited duration alimony, which consider the length of the marriage, the period of economic dependency during the marriage, and the skills and education necessary to return to the workforce rather than an overriding emphasi…
J.E.V., PLAINTIFF-RESPONDENT v. K.V. is worth reading on New Jersey alimony because the court put the point in its own words: "ues that the trial judge erred by awarding limited duration alimony rather than permanent alimony. We reaffirm established principles governing the award of limited duration alimony, which consider the length of the marriage, the period of economic dependency during the marriage," Use that passage as the starting point, then read the facts that precede it.
Steneken v. Steneken
Steneken v. Steneken, 367 N.J. Super. 427 (2004)
…2003 order of the Family Part, after our remand, increasing alimony to $5,500 per month, $1,500 more than the amount originally set by the trial judge in the February 14, 2000 final judgment of divorce, *346 and awarding plaintiff Marilyn Steneken counsel fees. The novel issue raised in this appeal is whether it is impermissible "double counting" to value defendant's business b…
New Jersey opinions such as Steneken v. Steneken are cited where alimony is disputed. The court stated: "Family Part, after our remand, increasing alimony to $5,500 per month, $1,500 more than the amount originally set by the trial judge in the February 14, 2000 final judgment of divorce, *346 and awarding plaintiff Marilyn Steneken counsel fees." That is the language to brief; the rest of the decision supplies the procedural posture.
Gonzalez-Posse v. Ricciardulli
Gonzalez-Posse v. Ricciardulli, 410 N.J. Super. 340 (2009)
…a decrease in his child support obligation, termination of alimony, and counsel fees. Plaintiff Celina Gonzalez-Posse opposed the application on grounds that defendant's claimed change in circumstances was completely voluntary and sought other relief including counsel fees, sole ownership of their apartment in Argentina, and a freeze on defendant's pension accounts. Following…
Gonzalez-Posse v. Ricciardulli is worth reading on New Jersey alimony because the court put the point in its own words: "Plaintiff Celina Gonzalez-Posse opposed the application on grounds that defendant's claimed change in circumstances was completely voluntary and sought other relief including counsel fees, sole ownership of their apartment in Argentina, and a freeze on defendant's pension accounts." Use that passage as the starting point, then read the facts that precede it.
Glass v. Glass
Glass v. Glass, 366 N.J. Super. 357 (2004)
…, asserting "changed circumstances," moved to terminate the alimony payments payable to his former wife, defendant Diane Glass ("wife" or "defendant"). The changed circumstances were not an inability to pay the alimony but the narrow claim that defendant's income was sufficient for her to maintain the marital standard of living of the parties. After a hearing, the trial judge c…
On alimony, Glass v. Glass speaks to the New Jersey dispute in this passage: "Diane Glass ('wife' or 'defendant'). The changed circumstances were not an inability to pay the alimony but the narrow claim that defendant's income was sufficient for her to maintain the marital standard of living of the parties." The surrounding opinion shows how the court applied that language to the record.
Gordon v. Rozenwald
Gordon v. Rozenwald, 380 N.J. Super. 55 (2005)
…als from a post-judgment order increasing and extending his alimony obligation. The appeal requires us to consider whether the statutory standard for modification of "limited duration alimony" applies retroactively to orders entered prior to the effective date of the law. N.J.S.A. 2A:34-23c. We hold that regardless of the date of the order incorporating an agreement or decree,…
New Jersey opinions such as Gordon v. Rozenwald are cited where alimony is disputed. The court stated: "The appeal requires us to consider whether the statutory standard for modification of 'limited duration alimony' applies retroactively to orders entered prior to the effective date of the law. N.J.S.A. 2A:34-23c." That is the language to brief; the rest of the decision supplies the procedural posture.
Cox v. Cox
Cox v. Cox, 335 N.J. Super. 465 (2000)
…endment to N.J.S.A. 2A:34-23 providing for limited duration alimony. We conclude that the award of limited duration alimony to a spouse following a twenty-two year marriage was inappropriate and inconsistent with the statutory criteria for such an award and that permanent alimony should have been awarded. Accordingly, we reverse and remand for further consideration of plaintiff…
New Jersey opinions such as Cox v. Cox are cited where alimony is disputed. The court stated: "N.J.S.A. 2A:34-23 providing for limited duration alimony." That is the language to brief; the rest of the decision supplies the procedural posture.
Practical checklist
- Identify the correct statutory label (alimony) and controlling section (N.J.S.A. 2A:34-23).
- Assemble income, budget, and health evidence for both spouses.
- For rehabilitative requests, prepare a concrete plan and timeline.
- Address fault only if New Jersey law makes it relevant to eligibility or amount.
- Search LawDiver for recent New Jersey decisions before mediation.
- Cross-check child support interactions via the New Jersey child support guide.
Frequently asked questions
Does New Jersey still award permanent alimony?
Open durational alimony (the modern successor to permanent alimony) is available especially after long marriages, subject to modification and termination statutes.
How is alimony calculated in New Jersey?
New Jersey leaves amount largely to judicial discretion under N.J.S.A. 2A:34-23, guided by statutory factors rather than a mandatory statewide calculator.
How long do I have to be married to receive alimony?
For marriages under 20 years, limited duration alimony generally may not exceed the length of the marriage except for good cause; longer marriages may support open durational alimony. Short marriages rarely produce long-term awards; longer marriages support broader remedies where the statute allows.
Does remarriage or cohabitation end alimony?
Death, remarriage, or cohabitation under statutory standards; reaching full retirement age can support modification/termination of open durational awards.
Is alimony taxable?
TCJA eliminated federal deductibility for post-2018 decrees; New Jersey tax treatment should be confirmed because state conformity has been an evolving issue.
Where can I read New Jersey alimony opinions?
Open the cases linked above or search LawDiver scoped to New Jersey. For support of children, see the New Jersey child support guidelines guide.
Disclaimer
This article provides general information about New Jersey alimony and is not legal advice. Confirm the current text of N.J.S.A. 2A:34-23 and consult a licensed New Jersey family-law attorney before acting on any rule described here.