Can I get alimony in New Jersey

Yes, alimony—also called spousal support—may be awarded as part of a New Jersey divorce. Whether a spouse receives alimony depends on the financial circumstances of both parties, the length of the marriage, the standard of living during the marriage, and each spouse’s earning capacity. New Jersey’s alimony statute was significantly reformed in 2014. Under the current law, durational alimony for marriages of less than 20 years is generally limited to the length of the marriage, while open durational alimony may be available for longer marriages. Alimony can be modified if the recipient spouse cohabits or if other circumstances change. Law Offices Of SRIS, P.C. handles alimony matters throughout New Jersey; reach our location at (888) 437-7747 to request a consultation about your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What Alimony Means in New Jersey

New Jersey law treats alimony as a financial provision from one spouse to the other to help the recipient maintain a standard of living reasonably comparable to that established during the marriage. Unlike equitable distribution—which divides marital assets—alimony focuses on the ongoing income needs of the less-monied spouse. The 2014 alimony reform clarified the law and established clear durational limits for most marriages.

New Jersey courts may award several forms of alimony: pendente lite (temporary support while the divorce is pending), limited duration (durational) alimony, rehabilitative alimony (designed to help the recipient obtain education or training), and reimbursement alimony (for contributions made to the other spouse’s career advancement). For longer-term marriages, open durational alimony, which replaced permanent alimony, may continue without a fixed end date, subject to modification based on changed circumstances such as the recipient’s cohabitation with a new partner.

Alimony determinations are made by the Superior Court of New Jersey, Chancery Division – Family Part, in the county where the divorce complaint is filed—such as Hunterdon, Somerset, Bergen, Morris, or Monmouth County. The court evaluates a list of statutory factors, including each spouse’s actual need and ability to pay, the duration of the marriage, the age and health of the parties, the earning capacities and educational backgrounds of both spouses, and the marital standard of living. There is no rigid formula; the judge has broad discretion after considering all relevant evidence.

A key feature of the 2014 reform is the mandate that durational alimony not exceed the length of the marriage, absent exceptional circumstances. For marriages of fewer than five years, durational alimony is rarely awarded; for mid-length marriages, the duration is closely tied to the length of the union. Open durational alimony remains possible for marriages lasting 20 years or more, but it is not guaranteed and can be modified or terminated upon a showing of sufficient changed circumstances.

How Mr. Sris and His Of Counsel Handle Alimony Cases

Mr. Sris and his Of Counsel approach alimony matters by first gathering a complete picture of the marriage’s finances—income, assets, debts, and future earning prospects. They work with clients to identify the marital standard of living and to document the contributions each spouse made to the household and to the other’s career. Using this information, the team develops a realistic assessment of what alimony may be appropriate under New Jersey law and whether a negotiated settlement or courtroom litigation is the stronger path.

When settlement is possible, Mr. Sris and his Of Counsel negotiate directly with the other side’s counsel, often through a mandatory Early Settlement Panel (ESP)—a New Jersey procedure where retired judges hear each party’s position and recommend a resolution. Many alimony disputes are resolved at the ESP stage, avoiding the cost and delay of trial. If a trial is necessary, the team has extensive experience presenting financial evidence and cross‑examining adverse witnesses in New Jersey’s Family Part courts.

About Mr. Sris and His Of Counsel Team

Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. He founded the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, Mr. Sris brings a practical understanding of courtroom proceedings to every family law case. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and his Of Counsel have represented individuals in a wide range of family law matters across multiple jurisdictions.

The Of Counsel team—senior lawyers engaged through Excella—bring extensive combined legal experience. On alimony matters, they collaborate closely with Mr. Sris to develop strategies tailored to each client’s financial future. Law Offices Of SRIS, P.C. has documented case results across all practice areas since 1997. Results may vary.

Frequently Asked Questions

How is alimony calculated in New Jersey?

Alimony is not calculated by a strict formula; instead the court weighs a list of statutory factors. The judge examines each spouse’s income, earning capacity, contributions to the marriage, the length of the marriage, the marital standard of living, and the needs of the requesting spouse. The goal is to help the recipient spouse maintain a standard of living reasonably comparable to that enjoyed during the marriage, balanced against the payer’s ability to provide support.

What is durational alimony under the 2014 reform?

Durational alimony is time‑limited support for marriages of less than 20 years. Under the 2014 alimony reform, the length of durational alimony generally cannot exceed the length of the marriage. For short-term marriages, this period is often brief; for mid-length marriages, the duration is tied closely to the marriage’s length. The award may be modified or terminated if the recipient’s circumstances change, such as an increase in the recipient’s income or cohabitation with a new partner.

Can alimony be modified after the divorce is final?

Yes, alimony can be modified if the party seeking the change shows a substantial and unanticipated change in circumstances. Common grounds for modification include a significant job loss, disability, a substantial increase or decrease in either party’s income, or the recipient spouse’s cohabitation with a romantic partner. The requesting party must file a motion with the Family Part of the Superior Court. While pendente lite, the alimony obligation may be temporarily adjusted by the court.

What happens if my ex-spouse fails to pay alimony?

If a former spouse does not pay court‑ordered alimony, you can seek enforcement through the New Jersey Family Part. The court has several remedies: wage garnishment, income withholding, requiring a security deposit, seizing tax refunds, or holding the non‑paying spouse in contempt. Willful refusal to pay may result in monetary sanctions, attorney’s fee awards, or even jail time. An experienced family law attorney can help you file the appropriate motion and present evidence of the non‑payment.

Do I need a lawyer for alimony in New Jersey?

While you are not legally required to have a lawyer, alimony disputes involve complex financial evidence and statutory factors that can be difficult to navigate without representation. An attorney can help you gather the necessary financial documentation, negotiate a settlement, and, if needed, advocate for you in court. Mr. Sris and his Of Counsel provide representation in alimony matters throughout New Jersey. Request a consultation at (888) 437-7747.

Can I get alimony if I was married fewer than ten years?

Yes, alimony is possible for shorter marriages, although the duration will typically be limited. For marriages of fewer than five years, permanent-type alimony is rarely awarded, but rehabilitative or limited-duration alimony may be granted to help a spouse become self‑supporting. The court looks at the financial picture and the standard of living during the marriage; a short marriage does not automatically bar alimony.

For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

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