New Jersey Alimony Attorney for Monmouth and Ocean County

One of the most complicated issues to decide during a divorce is alimony. Sometimes referred to as spousal support, alimony can be difficult because, unlike child support, New Jersey law contains no specific formula for calculating it. A family court judge must consider certain factors, but there is often room to negotiate, whether you may pay or receive alimony.

At Bronzino Law Firm, we understand that every client has different priorities, needs, and responsibilities. We work with you to build a strategy for your alimony issue, whether you are worried about how payments will affect your own livelihood or need support to move forward after the divorce. We serve clients throughout Monmouth County and Ocean County, including Manasquan, Wall, Point Pleasant, Brick, and Toms River.

How Alimony Is Determined in New Jersey

Alimony is not granted in every divorce. New Jersey law is gender neutral, so either spouse may seek it, including a spouse who stayed home to raise the children. A court looks at whether each party can maintain a reasonably comparable standard of living, with neither party having a greater entitlement to it than the other.

The amount and duration of alimony depend on the factors listed in N.J.S.A. 2A:34-23(b):

• The actual need and ability of the parties to pay
• The duration of the marriage or civil union
• The age and physical and emotional health of the parties
• The standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living
• The earning capacities, educational levels, vocational skills, and employability of the parties
• The length of absence from the job market of the party seeking support
• The parental responsibilities for the children
• The time and expense needed to acquire education or training for appropriate employment, and the opportunity for future assets and income
• The history of each party’s financial and non-financial contributions, including care of the children and interruption of careers or education
• The equitable distribution of property and any payouts from it, to the extent this consideration is reasonable, just, and fair
• The income available to either party through investment of assets
• The tax treatment and consequences of any alimony award
• The nature, amount, and length of any temporary support paid while the case was pending
• Any other factors the court considers relevant

Family court judges have broad discretion in how they weigh these factors. Attorney Peter J. Bronzino can help you understand how they apply to your situation, negotiate on your behalf, and present your position to the court if necessary.

Types of Alimony in New Jersey

A court may award different types of alimony, alone or in combination:

Type	General Purpose
Open durational	Support without a set end date
Limited duration	Support for a defined period; the term generally cannot change except in unusual circumstances
Rehabilitative	Support under a plan that helps a spouse become self-supporting, such as through training
Reimbursement	Repayment to a spouse who helped the other complete an advanced education

How Long Does Alimony Last?

There is no rule that alimony always lasts as long as the marriage. For marriages or civil unions of less than 20 years, the total duration of alimony generally cannot exceed the length of the marriage, except in exceptional circumstances. The court can consider issues such as the parties’ ages, the degree of dependency, chronic illness, and whether a spouse gave up a career. For longer marriages, the length depends on the facts of the case.

Changing or Ending Alimony

Alimony orders can sometimes be changed after the divorce. Common situations include:

• Changed circumstances: A significant change, such as a loss of income, may support a modification. Someone who loses a job generally must wait 90 days before filing.
• Retirement: Alimony may be changed or ended when the paying spouse retires. For awards covered by the current statute, there is a rebuttable presumption that alimony ends at full Social Security retirement age. The rules can differ for older orders.
• Cohabitation: Alimony may be suspended or terminated if the recipient is in a mutually supportive, intimate relationship that resembles a marriage. The couple does not have to live together full time.
• Non-payment: If your former spouse is not complying with the order, you can ask the court to enforce it.

Is Alimony Taxable?

For federal tax purposes, alimony under orders entered on or after January 1, 2019 is generally not deductible by the payer or reported as income by the recipient. Older orders can be treated differently, and state tax treatment should be reviewed separately. Please discuss your situation with an accountant.

New Jersey Alimony FAQs

Is there an alimony calculator or formula in New Jersey?

No. Unlike child support, New Jersey has no set alimony formula. The amount depends on the statutory factors or the parties’ agreement.

Does alimony last as long as the marriage?

Not automatically. For marriages under 20 years, that is generally the maximum, not a required term. The actual length depends on the case.

Does cohabitation end alimony in New Jersey?

It can. A court may suspend or terminate alimony if the recipient is cohabiting, but it looks at factors such as shared finances and the length of the relationship.

Can a husband receive alimony in New Jersey?

Yes. Alimony is based on the statutory factors, not gender.

Contact a Monmouth and Ocean County Alimony Attorney

If you are thinking about settling your alimony issues without legal representation, consider how long the terms can affect your finances. An agreement this important should be reviewed by an attorney who can protect your rights and your future. You can read what past clients have said on our testimonials page.

To schedule a free and confidential consultation, contact us online or call our Manasquan office at (732) 812-3102. We also handle modifications of existing alimony agreements and enforcement when a former spouse is not complying with the agreed terms.