Morris County Alimony Lawyers

After a divorce, New Jersey courts will often award the financially dependent spouse alimony payments to help ensure they can maintain the standard of living established during their marriage. If you’re going through a divorce and are either seeking alimony or are being asked to pay it, our legal team is here to help. Contact the skilled Morris County divorce lawyers here at Leslie Law Firm so we can address your alimony concerns.

Types of Alimony in New Jersey

Here in New Jersey, alimony can be temporary or long-term. New Jersey recognizes the following distinctions:

• Temporary alimony is awarded to low-earning or unemployed spouses to help cover living expenses during divorce proceedings.
• Limited duration alimony may be awarded based on financial need until a spouse can become self-supporting.
• Open-durational alimony may be awarded after at least 20 years of marriage if one partner gave up career or education opportunities to care for the family or to further a spouse’s education or career. The payer can ask for payments to end when he or she reaches the federal retirement age.
• For rehabilitative alimony, the requesting spouse must submit to the court the steps to be taken for rehabilitation and the anticipated time frame. Rehabilitative alimony is intended to help you get back on your feet and provide training and education so that you can be self-supporting.
• Reimbursement alimony compensates a spouse who supported the other through advanced education, and who expected to enjoy the fruits of that labor but was unable to because of the divorce or legal separation.

The court may award any combination of these orders. This means that if the court makes an order for rehabilitative spousal support, it can also order reimbursement alimony, as well as limited duration alimony.

How is Alimony Determined in New Jersey?

Many clients assume that the spouse who earns more must pay the spouse who earns less. Alimony is not mandatory, however, and the factors surrounding it are complex. Our alimony lawyers are knowledgeable in navigating and explaining the process. Your financial picture will be analyzed to determine whether you need active financial support for your daily life, to maintain your lifestyle after your divorce, or whether or not you can afford to pay alimony and still maintain your lifestyle after the divorce.

To protect parties from being taken advantage of, many factors will play into the validity of a request for alimony. When determining the amount and duration of an award for alimony, the following will be considered:

• The requesting spouse’s actual needs and the other spouse’s ability to pay
• The length of the marriage
• Each spouse’s age and physical and emotional health
• Each spouse’s income, earning capacity, education level, and employability
• The standard of living during marriage
• Parental responsibilities
• The time and expense necessary to obtain education or training for the dependent spouse to become self-supporting, and
• Each spouse’s financial or non-financial contributions to the marriage.

For example, if one spouse is disabled and cannot work, or if there is a great disparity in earning abilities, there may be reason to petition for alimony. No matter what obstacles you are facing, our family law attorneys will be in your corner to secure your future.

When Does Alimony End in New Jersey?

Alimony in New Jersey is not necessarily permanent. The duration of payments depends on the type of alimony awarded, the circumstances of both spouses, and any substantial changes in their lives after the divorce. Generally, alimony ends when the court-ordered term expires, but there are specific situations in which alimony may be modified or terminated earlier.

One of the most common reasons for alimony termination is the recipient spouse’s remarriage or cohabitation. If the spouse receiving alimony remarries, payments will typically end automatically. However, if the recipient is in a supportive, marriage-like relationship but is not legally remarried, the paying spouse may petition the court to terminate or reduce alimony. Courts will evaluate cohabitation based on several factors, including shared finances, living arrangements, and the length of the relationship.

Additionally, alimony may end when the paying spouse reaches full retirement age, as defined by the Social Security Administration. If the payer is retiring in good faith and is no longer earning an income, they may request the court to terminate or reduce alimony. The court will consider whether the retirement is reasonable and if the recipient spouse still requires financial support.

Another basis for alimony termination is a significant change in financial circumstances for either spouse. If the paying spouse experiences a substantial loss of income due to factors beyond their control—such as job loss, disability, or other financial hardship—they may petition to reduce or terminate payments. Similarly, if the recipient spouse becomes financially independent or experiences a major increase in income, the paying spouse may request a modification or termination of the alimony order.

For limited duration alimony, payments automatically end at the predetermined time set by the court. However, if the recipient spouse has not become self-supporting within the expected timeframe due to unforeseen circumstances, they may request an extension. Conversely, the paying spouse may seek early termination if they can prove the recipient no longer requires support.

In cases of open-durational alimony, which is typically awarded after long-term marriages, payments generally continue unless the recipient remarries, cohabits, or the payer reaches retirement age. However, either party may seek modifications if circumstances change substantially.

If you believe your alimony payments should end or be adjusted, it is essential to have a knowledgeable attorney guide you through the legal process. The courts require substantial proof to grant modifications or terminations, and an experienced alimony lawyer can help you present a strong case.

Contact Our Morristown, NJ Alimony Lawyers Today

The bottom line is that whether you’re currently seeking alimony, are being asked to pay it, or believe your situation qualifies for the termination of your alimony agreement, having competent legal counsel in your corner is paramount. Contact the knowledgeable and experienced Morris County alimony lawyers here at Leslie Law Firm for your initial consultation today.