How the Length of Your Marriage Impacts Alimony Payments
Divorce is never easy, and when it comes to determining alimony—or spousal support—many factors come into play. One of the most influential is the length of the marriage. Whether your marriage lasted three years or thirty, the duration can significantly affect the amount, type, and duration of alimony awarded under New Jersey law. Understanding how this factor plays into the broader spousal support framework can help you prepare for what lies ahead.
Alimony Basics in New Jersey
Before diving into how the length of your marriage affects alimony, it's helpful to understand how alimony works in New Jersey. Alimony is financial support paid by one spouse to the other after separation or divorce. Its purpose is to balance the economic disparities that may result from the end of the marriage, especially when one spouse has been financially dependent on the other.
There are several types of alimony in New Jersey:
Open durational alimony: Typically awarded in long-term marriages.
Limited duration alimony: Common in medium-length marriages.
Rehabilitative alimony: Designed to help a spouse become self-supporting.
Reimbursement alimony: Compensates a spouse for financial contributions made toward the other’s education or career.
Courts consider numerous factors when awarding alimony, including income, standard of living, and each spouse’s earning capacity. However, one of the most critical factors is how long you were married.
Why Marriage Length Matters
New Jersey law draws a line at 20 years of marriage. If your marriage lasted 20 years or more, and alimony is deemed appropriate, the court may award open durational alimony—which does not have a predetermined end date. For marriages under 20 years, the duration of alimony cannot exceed the length of the marriage, unless exceptional circumstances are proven.
For example:
If you were married for 15 years, alimony payments will typically not exceed 15 years.
If your marriage lasted 22 years, the court has the discretion to order open durational alimony.
Short-Term Marriages (0-5 years)
In short-term marriages, alimony is rarely awarded, and when it is, it’s often for a limited duration. Courts may assume both spouses are capable of supporting themselves or have not become significantly financially dependent on one another during the brief marriage. Any alimony awarded in these cases is usually rehabilitative or reimbursement in nature, designed to help one spouse bridge a short-term financial gap or recoup financial investments made in the other spouse’s education or career.
Medium-Length Marriages (5-19 years)
For marriages that fall between short- and long-term, alimony awards vary more widely. Courts often award limited duration alimony, meaning support is paid for a specific period intended to provide financial assistance while the receiving spouse becomes self-sufficient. Factors such as whether one spouse left the workforce to raise children or gave up career opportunities will influence the court’s decision.
Let’s say you were married for 10 years, and you left your job to support your spouse’s career or to raise your children. In such a case, the court may award alimony for several years post-divorce, but the payments will typically not exceed the 10-year duration of the marriage unless you can demonstrate exceptional hardship.
Long-Term Marriages (20+ years)
If your marriage lasted 20 years or more, the court may award open durational alimony, especially if one spouse is financially dependent on the other or has been out of the workforce for an extended time. The rationale is that long-term marriages often result in more intertwined finances and shared sacrifices, such as one spouse giving up a career or educational opportunities.
While the court does not guarantee lifelong support, open durational alimony can continue until circumstances change significantly—such as retirement, remarriage of the recipient, or substantial changes in income. However, open durational alimony is subject to future modification or termination upon a showing of changed circumstances.
Exceptional Circumstances
In marriages under 20 years, alimony cannot exceed the length of the marriage unless exceptional circumstances exist. Examples may include:
The dependent spouse has a chronic illness or disability.
One spouse significantly sacrificed career advancement or education opportunities.
There is a significant discrepancy in earning capacity that cannot reasonably be remedied.
Proving exceptional circumstances is not easy, and having a skilled New Jersey alimony attorney is essential in building your case.
Modifying or Terminating Alimony
Regardless of the type or duration of alimony awarded, it can typically be modified or terminated if circumstances change. For instance:
If the paying spouse loses a job or retires.
If the receiving spouse remarries or begins cohabiting with a new partner.
If the dependent spouse becomes financially independent.
These changes can prompt a review of the current alimony arrangement to ensure it still reflects the financial realities of both parties.
How Hoffman Family Law Can Help
Alimony decisions can be emotionally charged and legally complex. Whether you're worried about paying too much or concerned about receiving too little support, understanding your rights is key. At Hoffman Family Law, we provide personalized, strategic legal guidance to help you navigate New Jersey’s spousal support laws with confidence. We evaluate your full financial picture and advocate for an outcome that protects your long-term well-being.
If you have questions about alimony or divorce in New Jersey, reach out to our team at Hoffman Family Law. Let us help you understand your options and protect your future.
