Alimony or No Alimony? The Surprising Results of New Jersey’s Divorce Trends

Currently, the divorce rate in the United States is 3.2 divorces per 1,000 population, but New Jersey is slightly lower, around 2.7 divorces per 1,000. Furthermore, New Jersey has the lowest divorce rate in the Northeast. Many divorces result in some form of alimony (about 10% of all divorces) paid to one spouse from the other, particularly in cases where one spouse isn’t prepared to live life on their own. Today, let’s deep dive into alimony, so you can learn some surprising facts and better understand spousal support.

 

Key Takeaways

 

• Awarded in about 10% of divorces, alimony aims to maintain the marital standard of living and is influenced by marriage length, earning capacity, and parental responsibilities.
• Permanent alimony was replaced with open-duration support for marriages over 20 years, with clearer termination rules and a focus on temporary rehabilitative alimony.
• Dual-income households and changing gender roles have reduced alimony reliance, with more men now receiving spousal support.
• Alimony is less common in short marriages, often ends with cohabitation, emphasizes self-sufficiency, and faces unique considerations in gray divorces.

 

What is Alimony?

Alimony is, simply put, support paid from one spouse to the other after they have divorced. For this reason, you may also hear alimony referred to as “spousal support.”

 

Alimony is awarded to a spouse based on the right of both parties to maintain a certain standard of living that was similar to what was enjoyed while married. In other words, if one spouse makes more money than the other or has received a greater level of education, they have a greater means of supporting themselves after divorce. Alimony is specifically meant to help with expenses until spouse receiving it can obtain self-sufficiency.

 

How Alimony Decisions Are Made in New Jersey

New Jersey courts determine alimony based on several factors outlined in N.J.S.A. 2A:34-23. These include:

 

• Length of the Marriage: Longer marriages are more likely to result in alimony awards, particularly permanent or open-duration alimony. Short-term marriages may result in limited or no alimony.
• Earning Capacity of Both Spouses: Disparities in income often influence whether alimony is necessary to ensure a fair standard of living.
• Parental Responsibilities: If one spouse significantly sacrifices career growth to raise children, this may weigh in favor of alimony.
• Lifestyle During the Marriage: Courts consider the standard of living established during the marriage and seek to ensure both parties can maintain a similar quality of life post-divorce.

The 2014 Alimony Reform in New Jersey

In 2014, New Jersey reformed its alimony laws. The key changes have reshaped how alimony is awarded and for how long it lasts:

 

• Elimination of Permanent Alimony: Permanent alimony was replaced with open-duration alimony, available only for marriages lasting 20 years or longer.
• Clear Guidelines for Termination: Alimony now ends when the paying spouse reaches retirement age or if the recipient remarries or cohabitates with a new partner.
• Focus on Rehabilitative Alimony: Courts increasingly favor rehabilitative or limited-duration alimony to support a spouse while they become self-sufficient.

 

Two-Income Households and Gender Neutrality

Societal shifts have seen more dual-income households, reducing the reliance on alimony to bridge financial gaps. In many cases, both spouses have similar earning capacities, leading courts to deny alimony or limit its duration. Furthermore, more women are becoming the breadwinners of the household, resulting in more men being awarded alimony than in the past.

 

Trends in Alimony in New Jersey

Since 2014, alimony in New Jersey has shifted, leading to some eye-opening trends. If you are currently going through a divorce, you should be aware of these trends and talk to a divorce attorney in New Jersey about them, as well.

 

Shorter Marriages, Less Alimony

When it comes to shorter marriages, courts are increasingly reluctant to award substantial or long-term alimony. The rationale lies in the idea that shorter unions often leave both parties with fewer entanglements and less financial interdependence. However, there are exceptions. If one spouse gave up a lucrative career to support the other—such as staying home to care for young children or relocating to accommodate a spouse’s job—alimony may be awarded. In such cases, rehabilitative alimony is more likely than open-duration support, as the court’s primary goal is to address temporary disadvantages rather than provide lifelong financial assistance.

 

Cohabitation’s Growing Rate

Cohabitation with a new partner has become a significant factor in alimony cases, and not just in situations involving remarriage. Under New Jersey law, cohabitation is defined as more than simply living together; it involves an interdependent relationship, often characterized by shared financial responsibilities and household duties. If a recipient of alimony enters such a relationship, the court may either reduce or terminate the alimony obligation. To make this determination, courts examine evidence like joint bank accounts, shared expenses, and social appearances as a couple.

 

Self-Sufficiency Expectations

The modern trend in New Jersey divorce cases emphasizes self-sufficiency for the dependent spouse. Rehabilitative alimony is now a preferred option, designed to provide short-term financial support while the recipient gains the skills or education necessary to rejoin the workforce. For instance, a spouse who left a career to care for children might receive support to complete a degree or certification program. Courts often set specific timelines for achieving self-sufficiency, signaling that long-term dependency is no longer the default expectation.

 

Divorce Among Older Couples

The rise in “gray divorces” (divorces among individuals aged 50 and older) has brought unique challenges to alimony determinations. Long-term marriages often mean that one spouse has spent decades out of the workforce, leaving them at a financial disadvantage. In such cases, courts are more likely to award alimony, especially if retirement savings and other income sources are insufficient to maintain the marital standard of living. However, even in gray divorces, retirement income, pensions, and Social Security benefits heavily influence the court’s decision. If both spouses are near retirement, alimony awards may be structured around these fixed income streams, creating a complex interplay between spousal support and retirement planning.

 

Ask an NJ Divorce Lawyer About Alimony Trends Today

Alimony has changed a lot in New Jersey since 2014. New trends show that alimony is less common than you may have originally thought. Whether you are seeking or contesting spousal support, having a skilled divorce attorney ensures that your financial future is protected.

At Ziegler Law Group, LLC, we provide guidance on alimony and divorce proceedings, helping you navigate the complexities of New Jersey’s ever-evolving legal landscape. Contact us today at 973-533-1100 to learn how we can help safeguard your interests.