If you're getting divorced in New Jersey and your marriage lasted less than 20 years, you may hear the term limited duration alimony.
The obvious question is: How long will you have to pay it, or how long will you receive it? There isn't a simple formula, but New Jersey law does give us an important starting point.
The Length of Your Marriage Matters
For marriages lasting less than 20 years, the duration of alimony generally cannot exceed the length of the marriage, except in exceptional circumstances. So if you were married for eight years, an alimony award generally shouldn't extend beyond eight years.
But that does not mean an eight-year marriage automatically results in eight years of alimony. It could be less. And depending on the circumstances, there may be no alimony at all.
How Does a Judge Decide How Long Alimony Should Last?
New Jersey courts consider a number of factors when deciding alimony.
Those include things such as:
- The financial need of the spouse seeking alimony
- The other spouse's ability to pay
- The length of the marriage
- The marital standard of living
- Each spouse's income and earning capacity
- Age and health
- Education and employment history
- Parental responsibilities
- Contributions made during the marriage
- The financial consequences of maintaining two separate households
The court also considers how long it may reasonably take for the spouse receiving alimony to improve their earning capacity to the point where limited duration alimony is no longer appropriate. That's why two marriages of exactly the same length can result in very different alimony outcomes.
An 8-Year Marriage Doesn't Automatically Mean 8 Years of Alimony
This is where people often misunderstand the law. Think of the length of the marriage as a general ceiling, not a formula.
If you were married for 13 years, that doesn't mean you'll automatically pay or receive alimony for 13 years. The actual duration depends on the circumstances of your marriage and your finances.
For example, consider one spouse who left the workforce for years to raise the children and now needs time to become financially independent. Compare that with another 13-year marriage in which both spouses worked throughout the marriage and earn similar incomes.
Same length of marriage. Potentially very different alimony results.
What If You Settle Instead of Going to Trial?
Most alimony issues don't need to be decided by a judge. You and your spouse can negotiate the amount and duration of alimony as part of your overall divorce settlement.
The same factors that could influence a judge can also help your attorneys evaluate a reasonable settlement. That's important because alimony shouldn't necessarily be negotiated in isolation.
Property division, income, retirement assets, housing costs, and other financial issues can all affect the overall deal.
What Happens After Limited Duration Alimony Ends?
Limited duration alimony is exactly what its name suggests: alimony for a defined period of time. The duration is established as part of the alimony award or settlement. That is different from open durational alimony, which may be considered in longer marriages and doesn't begin with the same predetermined end date.
So, How Long Will Your Alimony Last?
You can't answer that question based on marriage length alone. For a marriage under 20 years, the length of the marriage gives you an important outer limit in most cases. But determining the actual duration requires looking at the entire financial picture.
There is no automatic rule that says: "Married for X years = alimony for Y years."
That's why it's important to understand the factors that apply to your particular situation before agreeing to an amount or duration.
If you're considering divorce and want to better understand alimony and the other financial decisions ahead of you, my free Divorce Smarter Course can help you get started.
Until next time,
Steve