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Vol. L · No. I FOL. LIArticles

Avery & Avery, Esqs. Ridgefield, NJ Robert W. Avery, Esq.

Types of Alimony in NJ — Open-Durational vs Limited-Duration

RW·A

By Robert W. Avery, Esq.

Founding Partner · Former Mun. Ct. Judge

By Robert W. Avery, Esq.

NJ replaced its prior “permanent alimony” framework with a four- type structure in the 2014 alimony reform (P.L. 2014, c.42). The current types under N.J.S.A. 2A:34-23(b) are:

  • Open-durational
  • Limited-duration
  • Rehabilitative
  • Reimbursement

This post explains each.

Alimony framework walkthrough. Not legal advice. Free consultation: (201) 943-2445.

Open-Durational Alimony

The 2014 reform replaced “permanent” with open-durational. This is the long-term form of alimony, generally available for marriages of 20 years or more. The duration is not fixed at the time of award; it continues until modification (change of circumstances under Lepis) or the recipient’s remarriage / cohabitation under N.J.S.A. 2A:34-23(n).

Open-durational replaces “permanent” but is not literally permanent — modification on retirement at typical retirement age is presumed under 2A:34-23(j)(1) post-reform.

Limited-Duration Alimony

For marriages of less than 20 years, alimony may be ordered for a period not exceeding the length of the marriage (with limited exceptions). A 12-year marriage might support up to 12 years of limited-duration alimony, weighted by the 2A:34-23(b) 14 factors.

The 2014 reform reduced ambiguity around duration; previously courts had broader discretion that produced highly variable outcomes.

Rehabilitative Alimony

Time-limited alimony designed to support the recipient’s specific effort to become self-supporting. The recipient must present a “rehabilitation plan” — typically education, training, or career re-entry. Rehabilitative alimony ends when the plan completes or the agreed-upon period elapses.

Reimbursement Alimony

Compensates one spouse for direct contributions to the other’s training or education during the marriage. Classic example: a spouse who paid for the other’s medical-school tuition during a short marriage that ended shortly after the recipient began practicing.

The 14 Factors

N.J.S.A. 2A:34-23(b) lists 14 factors guiding alimony analysis:

  1. Actual need and ability to pay
  2. Duration of the marriage
  3. Age, physical and emotional health
  4. Standard of living during the marriage
  5. Earning capacities, educational levels, vocational skills
  6. Length of absence from job market
  7. Parental responsibilities
  8. Time and expense for recipient to acquire training
  9. History of financial / non-financial contributions
  10. Equitable distribution of property
  11. Income from investments
  12. Tax treatment
  13. Children’s nature, including any support obligations
  14. Other relevant factors

Modification Under Lepis

Post-judgment alimony modification is governed by Lepis v. Lepis, 83 N.J. 139 (1980) — substantial change in circumstances triggers a Lepis hearing. Common change-of- circumstance scenarios:

  • Job loss / income reduction
  • Recipient remarriage / cohabitation
  • Retirement at typical age
  • Disability or health change
  • Recipient becoming self-supporting

Cohabitation Termination

N.J.S.A. 2A:34-23(n) addresses termination on cohabitation — not the recipient’s remarriage but the recipient living with another person in a relationship “tantamount to marriage.” Konzelman v. Konzelman, 158 N.J. 185 (1999) factors control the analysis.

Tax Treatment Post-2018

The 2017 Tax Cuts and Jobs Act ended the federal tax deduction for alimony paid and the tax inclusion for alimony received, for divorces finalized after December 31, 2018. NJ state tax treatment continues to follow the older deduct/include framework. Counsel must address both for current divorces.

Frequently Asked Questions

Is alimony automatic?

No. The 14 factors govern. The court determines whether alimony is appropriate, the type, the amount, and the duration.

Can alimony be waived?

Yes — in a Marital Settlement Agreement, the parties can waive alimony. Premarital agreements can also waive alimony subject to unconscionability review.

What about retirement?

The 2014 reform created a presumption of modification on retirement at typical retirement age. The presumption can be overcome by specific findings.

Is alimony tax-deductible?

For NJ-state purposes, currently yes for both parties. For federal purposes, divorces finalized after 12/31/2018 — no.

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