If you're getting divorced and wondering about alimony, you may be asking: How many years do you have to be married before a spouse can get alimony in New Jersey?
There is no simple minimum. You don't automatically qualify for alimony after a certain number of years, and a short marriage doesn't automatically eliminate the possibility of alimony.
But the length of your marriage matters.
No. New Jersey doesn't have a rule that says you must be married for 5, 10, or any other specific number of years before alimony can be awarded.
Instead, the length of the marriage is one of several factors considered when determining whether alimony is appropriate and, if so, its amount and duration.
That means alimony may be possible after a relatively short marriage, but it also doesn't mean alimony will be awarded.
Generally, the shorter the marriage, the more limited the duration of an alimony award may be. For marriages or civil unions lasting less than 20 years, New Jersey law generally limits alimony to no longer than the length of the marriage, except in exceptional circumstances.
So if you were married for eight years, you generally wouldn't expect an alimony award lasting longer than eight years. That doesn't mean you will automatically pay or receive alimony for eight years. It simply establishes an important limit.
Twenty years is an important point under New Jersey alimony law. For longer marriages, open durational alimony may become a consideration.
That doesn't necessarily mean alimony lasts forever. Retirement, changes in financial circumstances, cohabitation, and other events may affect an existing alimony obligation depending on the circumstances.
This is important. You can't determine alimony simply by asking how long you were married.
New Jersey also considers factors such as:
A 15-year marriage involving two people with similar incomes may look very different from a 15-year marriage in which one spouse stopped working for years to raise the children.
Same marriage length. Very different alimony analysis.
Marriage length is important, but it doesn't answer the question by itself. There is no automatic formula that says: "Married X years = pay alimony for Y years." You have to look at the entire financial picture.
If you're concerned about alimony, start by understanding your income, your spouse's income, your marital lifestyle, your earning capacities, and how long you were married. Those facts will tell you far more than a simple online alimony calculator.
I created my free Divorce Smarter Course to help you understand alimony, property division, negotiation, and the other major financial decisions you'll face in a New Jersey divorce.
Until next time,
Steve