Alimony—or spousal support—is one of the most misunderstood aspects of divorce. Many people believe it’s automatic, permanent, or only awarded to one gender. In reality, New Jersey’s alimony laws are nuanced, and every case depends on its unique circumstances.
At Atkins, Tafuri, Minassian, D’Amato, Beane & Miller, P.A., we’ve handled hundreds of alimony cases, from short-term marriages to complex high-asset divorces. Below, we break down the most common myths about alimony and explain what truly governs these decisions in New Jersey.
Not true. Alimony is not guaranteed in New Jersey. It’s awarded only when there’s a demonstrated financial need by one spouse and the ability to pay by the other.
Under N.J.S.A. 2A:34-23(b), courts evaluate 14 factors, including:
Duration of the marriage
Each spouse’s earning capacity and education
The standard of living during the marriage
Contributions (both financial and non-financial) to the marriage
Parental responsibilities
If both spouses have similar incomes or self-sufficiency, alimony may not be awarded at all.
The truth: Alimony is based on fairness and need, not marital status alone.
This was once true under “permanent alimony,” but New Jersey reformed its alimony laws in 2014. The old concept of lifetime payments was replaced by open durational alimony, which generally applies only to long-term marriages (20 years or more).
For shorter marriages, courts typically award limited-duration alimony, lasting no longer than the length of the marriage. Other forms include:
Rehabilitative alimony: To help a spouse gain education or training to become self-supporting.
Reimbursement alimony: To repay one spouse for supporting the other through education or career advancement.
The truth: Alimony in New Jersey is rarely lifelong—it’s meant to be fair and time-appropriate.
This is one of the most outdated myths about divorce. Alimony is gender-neutral in New Jersey. Either spouse can request it, depending on income, need, and contribution to the marriage.
As more households rely on dual incomes—or in some cases, higher-earning wives—many men now receive alimony when their spouses earn significantly more.
The truth: Alimony is based on financial circumstances, not gender.
Income is an important factor, but it’s not the only one. Courts also consider:
Each party’s financial obligations
How the couple divided household roles
One spouse’s career sacrifices for the family
For example, if one spouse left the workforce to raise children, the court may find alimony appropriate—even if they once earned more before the marriage.
The truth: Alimony is about restoring fairness, not punishing success.
Not in most cases. Under N.J.S.A. 2A:34-25, alimony typically ends upon the recipient’s remarriage. The paying spouse must file to terminate support, but the right to end it is generally automatic once remarriage occurs.
However, cohabitation (living together with a new partner) can also be grounds to end or modify alimony—even without marriage. In 2014, New Jersey expanded this definition to include situations where the recipient is in a romantic, marriage-like relationship that provides financial support or shared expenses.
The truth: Remarriage—and in some cases, cohabitation—can terminate alimony.
Alimony is modifiable when there’s a significant change in circumstances. Examples include:
Job loss or retirement of the paying spouse
Major income increase or decrease
Health issues that affect earning capacity
Cohabitation or remarriage of the recipient
Under Lepis v. Lepis, 83 N.J. 139 (1980), the court may review and adjust alimony to reflect new realities.
The truth: Alimony is flexible; it can be increased, reduced, or terminated if circumstances warrant.
New Jersey law recognizes that retirement changes financial ability. Under N.J.S.A. 2A:34-23(j), payors of open-durational alimony can seek termination or reduction upon reaching full retirement age as defined by the Social Security Administration.
Courts presume alimony should end, unless the recipient can prove there’s still a compelling reason to continue payments (for example, ongoing disability).
The truth: Alimony generally ends or decreases upon genuine retirement.
When one spouse fails to pay, New Jersey courts have strong enforcement tools. Through the Probation Division or court order, the state can:
Garnish wages
Seize tax refunds
Suspend driver’s or professional licenses
Even hold the payor in contempt of court
The truth: Courts take non-payment seriously—and have the authority to enforce compliance.
At Atkins, Tafuri, Minassian, D’Amato, Beane & Miller, P.A., we help clients navigate every aspect of alimony—whether you’re seeking support, challenging it, or requesting modification. Our attorneys understand the complexities of New Jersey family law and know how to present your financial story clearly and effectively.
If you’re facing questions about alimony, contact us today for a confidential consultation. We’ll help you separate fact from fiction and protect your financial future.
smiller November 8th, 2025
Posted In: Alimony
Tags: myths