Can I get alimony in New Jersey
Yes, you may be eligible for alimony in New Jersey as part of a divorce if the financial circumstances of the marriage warrant it. New Jersey courts award alimony after considering statutory factors including the length of the marriage, each spouse’s earning capacity, the standard of living established during the marriage, and the contributions each spouse made to the household. Alimony is not automatic — it is based on the specific facts of your case and the discretion of the Superior Court of New Jersey, Chancery Division, Family Part. The 2014 alimony reform law brought important changes to how alimony is calculated and how long it lasts. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. represent clients in alimony proceedings across New Jersey. Reach our firm at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Alimony Means in New Jersey
Alimony, also called spousal support, is financial support that one spouse may be ordered to pay to the other during or after a divorce. In New Jersey, alimony is governed by , which was significantly reformed in September 2014. The purpose of alimony is to help the dependent spouse maintain a standard of living reasonably comparable to the marriage, to the extent feasible, while recognizing that both spouses are expected to work toward self-sufficiency over time. New Jersey is an equitable distribution state, meaning that marital property is divided fairly but not necessarily equally, and alimony is separate from property division.
The Superior Court of New Jersey, Chancery Division, Family Part hears alimony determinations in each county. Proceedings take place in county courthouses across the state, including Hunterdon County in Flemington, Somerset County in Somerville, Morris County in Morristown, Bergen County in Hackensack, and Monmouth County in Freehold. The court looks at a list of statutory factors: the actual need and ability of the parties to pay; the duration of the marriage; the age, physical and emotional health of the parties; the standard of living established during the marriage; the earning capacities, educational levels, vocational skills, and employability of the parties; the length of absence from the job market; the parental responsibilities for the children; the time and expense necessary for the supported spouse to acquire sufficient education or training to become self-sufficient; and any other factor the court considers relevant. There is no fixed formula; the judge exercises discretion based on these factors.
Under the 2014 reform, the concept of durational alimony is now the default for marriages lasting less than twenty years. For marriages under twenty years, durational alimony cannot exceed the length of the marriage except in exceptional circumstances. For marriages of twenty years or longer, the court may award open durational alimony, which does not have a predetermined end date but can be modified or terminated if circumstances change. Rehabilitative alimony is designed to give the supported spouse a fixed period of support to obtain education or training. Reimbursement alimony repays a spouse who supported the other through an advanced degree or professional license. Limited-duration alimony addresses economic imbalances in short-term marriages. The court may also order temporary support, called pendente lite alimony, while the divorce is pending.
Under New Jersey’s 2014 alimony reform, durational alimony is limited to the length of the marriage for marriages under twenty years; open durational alimony may be awarded for marriages of twenty years or longer.
Source: . New Jersey Legislature S233 (2014)
Reviewed by Mr. Sris, admitted in VA, MD, DC, NJ, NY.
How Mr. Sris and His Of Counsel Handle Alimony Cases
Mr. Sris and his Of Counsel approach alimony cases with a focus on gathering a complete financial picture and presenting it clearly to the court. The process begins with a consultation where the facts of the marriage are reviewed: the income, assets, debts, and expenses of both parties; the length of the marriage; the employment history and earning capacity of each spouse; and any health or other factors that affect the ability to work. The New Jersey court rules require a Case Information Statement, a detailed financial disclosure form that both parties must complete and exchange. Mr. Sris and his Of Counsel guide clients through this step carefully, because the CIS is central to the court’s determination of need and ability to pay.
After discovery is exchanged, settlement discussions often take place. New Jersey’s mandatory Early Settlement Panel is a unique feature: a panel of retired judges hears a summary of each side’s position and makes non-binding recommendations for settlement. Mr. Sris and his Of Counsel prepare thoroughly for the ESP and present the evidence that supports the client’s position. Many cases resolve at this stage. If a settlement cannot be reached, the case proceeds to a trial before a Family Part judge. Throughout the process, the team works toward a fair outcome that accounts for the supported spouse’s needs while respecting the paying spouse’s ability to maintain financial stability.
The team also handles post-judgment alimony matters, including modifications when a former spouse’s income changes or cohabitation begins, and enforcement actions when alimony is not paid. New Jersey law permits termination or modification of alimony upon a showing of substantial changed circumstances, including cohabitation, loss of employment, or retirement. Mr. Sris and his Of Counsel bring extensive experience in these post-divorce proceedings across the state.
About Mr. Sris and His Of Counsel Team
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. A former prosecutor, he has practiced law since 1997 and is admitted to the bars of Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background in accounting and information systems provides a distinct perspective in financial matters, including alimony cases that require analyzing business interests, executive compensation, or multi-state assets. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He maintains a small personal caseload to ensure direct involvement in the matters he accepts. The firm’s Of Counsel attorneys bring additional depth in litigation and negotiation, and every attorney has well over a decade of practice experience. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, and the firm has documented over 4,739 firm-wide results. Results may vary.
Frequently Asked Questions
How is alimony calculated in New Jersey?
Alimony in New Jersey is calculated by applying the statutory factors in to the specific finances of the marriage, not by a formula. The court considers the length of the marriage, the standard of living, each spouse’s earning capacity, contributions to the family, and any health or age factors. The 2014 reform emphasized durational limits: for marriages under twenty years, alimony ordinarily cannot last longer than the marriage. The judge exercises broad discretion to reach a fair support number based on the evidence of need and ability to pay.
How long does alimony last in New Jersey?
For marriages under twenty years, durational alimony usually lasts no longer than the length of the marriage; for marriages of twenty years or more, open durational alimony can continue indefinitely. Rehabilitative alimony lasts for a fixed period needed to obtain training or education. Alimony ends upon the death of either party or remarriage of the recipient, and may be modified or terminated if the recipient cohabits with a new partner. Each case is decided on its own facts.
Do I need a lawyer for an alimony case in New Jersey?
You are not required to have a lawyer, but alimony cases involve complex financial disclosures and legal arguments that can affect your financial future for years. The Case Information Statement must be completed accurately, and the mandatory Early Settlement Panel requires presenting a persuasive financial picture. An experienced attorney can help you avoid mistakes and work toward a support arrangement that reflects the true financial circumstances. To discuss your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can alimony be modified after the divorce?
Yes, alimony can be modified under New Jersey law if the party seeking the change demonstrates substantially changed circumstances that are permanent and not temporary. Common triggers include a significant loss of income, retirement, disability, or the recipient’s cohabitation with a new partner that reduces their need for support. The court holds a hearing to determine whether the change warrants a modification. Mr. Sris and his Of Counsel handle modification proceedings across New Jersey.
What is the filing fee for a divorce in New Jersey?
The filing fee for a divorce complaint in the Superior Court of New Jersey is three hundred dollars plus a twenty-five-dollar court surcharge, for a total of three hundred twenty-five dollars. Additional costs may include a mandatory parenting class for cases involving children, mediation fees, and fees for a custody evaluation if needed. Attorney fees vary by case complexity. For a consultation about your specific matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Where are alimony cases heard in New Jersey?
Alimony cases are heard in the Superior Court of New Jersey, Chancery Division, Family Part in the county where either spouse lives. For example, Hunterdon County cases are heard at the courthouse at 65 Park Avenue, Flemington; Somerset County cases at 20 North Bridge Street, Somerville; Morris County cases at Washington & Court Streets, Morristown; Bergen County cases at 10 Main Street, Hackensack; and Monmouth County cases at 71 Monument Park, Freehold. Each county’s Family Part manages alimony as part of the divorce action.
Outbound authority sources: New Jersey Statutes Alimony · New Jersey Courts
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