The Bottom Line:
If your marriage lasted 20 years or more, you’re looking at "Open Durational 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 choose to 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 13 years of alimony, depending on how skillfully the case is presented (yet today, on a 13 year marriage, one would not, in my experience, usually see anywhere near a 12 year alimony payment).
Some of the factors that the judge must consider in determining the length of alimony payments in a less-than-20-year marriage 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 38 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 DIVORCE SMARTER, a free email series that teaches you what you need to know before you 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 a lot of money.
Click the blue link below to get started now.
Best regards,
Steve
Steven J. Kaplan, Esq.
Specializing in Divorce
Throughout New Jersey
(732) 845-9010
