If your marriage lasted 20 years or more, you’re looking at open duration alimony.
That means payments continue indefinitely, until there’s been a major life change (like retirement, disability, or remarriage) when a judge can be asked whether it is appropriate or not to modify alimony.
For anyone divorced from September 10, 2014 onward, there is a PRESUMPTION that the payor of alimony can retire at age 67 and stop paying alimony.
But it's just that: a presumption. Meaning that it can be challenged by the person who is receiving alimony.
If your marriage lasted under 20 years, then alimony cannot exceed the length of the marriage, but judges have wide discretion as to the duration.
For example, a 13-year marriage could result in 12+ years of payments, depending on how skillfully the case is presented (yet normally on a 13 year marriage one would not, in my experience, see any where near a 12 year alimony payment).
Some of the factors that the judge must consider include:
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Each spouse’s income
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The receiving spouse's ability to become self-supporting
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The marital lifestyle
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The cost of two households
There are 19 statutory factors in total—and your outcome depends on how well your lawyer uses them
It’s a strategic negotiation, or worse—a judgment call from someone in a black robe.
I'm Steve Kaplan.
I’ve practiced divorce law in New Jersey for 37+ years.
I work closely with top forensic accountants to make sure that my clients don’t get stuck with inflated valuations, unrealistic income assumptions, or unfair timelines.
The first move? Knowledge.
Don’t sign anything yet.
Don’t agree to anything yet.
Instead, get smart.
Get strategic.
That’s part of the reason that I created Steve Kaplan’s Divorce Course — a free email series that teaches you what you need to know before you separate, file, or negotiate alimony.
You’ll learn:
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How judges think about alimony in real cases
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What to do (and not do) if you're close to retirement
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How to prepare for mediation or trial
It's free.
It's private.
And it could save you hundreds of thousands of dollars.
Just insert your email address in the form on this page to get started immediately.
Best regards,
Steve
Steven J. Kaplan, Esq.
Specializing in Divorce
Throughout New Jersey
(732) 845-9010
www.KaplanDivorce.com
