If you are facing divorce after a long marriage, one fear may rise above all the others: "How long will I have to pay alimony?"
Or, from the other side: "How long can I expect to receive it?"
In New Jersey, a long marriage may result in a form of support called open durational alimony.
The phrase can sound frightening... But it does not automatically mean lifetime alimony.
Open durational alimony is support awarded without a predetermined ending date. It replaced what New Jersey law previously called permanent alimony.
The important word is “open.”
The award does not begin with a fixed termination date. It may continue unless it ends under the parties’ agreement or is later modified or terminated under New Jersey law.
That is different from saying it must continue forever.
No.
A marriage lasting 20 years or longer does not automatically result in open durational alimony.
It makes that type of support more likely to be considered, but the court must still evaluate the financial circumstances of both spouses.
For marriages lasting less than 20 years, alimony generally cannot continue longer than the marriage unless exceptional circumstances exist.
Those exceptional circumstances may sometimes support a longer award or open durational alimony even after a marriage of less than 20 years.
While the 20-year mark is important, it is not the only factor.
When deciding whether open durational alimony is appropriate, a New Jersey judge must consider the statutory alimony factors.
They include:
No single factor automatically determines the result.
A 25-year marriage involving two financially independent spouses may be evaluated differently from a 25-year marriage in which one spouse left the workforce to raise the children and support the other spouse’s career.
The amount and duration of alimony are separate questions.
Even if open durational alimony is appropriate, the court must still decide how much support should be paid.
That analysis may involve:
Accurate financial records matter.
If income is disputed or a business is involved, qualified financial experts may be needed to determine the actual cash flow available for support.
Open durational alimony may be modified when a substantial change in circumstances occurs.
Examples may include:
But a change in circumstances does not automatically allow the paying spouse to reduce or stop payments.
Until the obligation is modified through a valid agreement or court order, the existing terms generally remain enforceable.
Retirement is one of the most misunderstood parts of open durational alimony.
New Jersey law creates a rebuttable presumption that alimony will terminate when a paying spouse reaches full retirement age in cases governed by the newer retirement provisions.
Full retirement age is tied to the age at which that person qualifies for full Social Security retirement benefits. It is not automatically age 67 for every person.
More importantly, reaching full retirement age does not allow someone to simply stop sending payments.
The paying spouse may need to apply to the court for modification or termination. The receiving spouse can argue that alimony should continue.
The court may consider:
The rules differ depending on whether the original alimony order or agreement was entered before or after New Jersey’s September 2014 reforms.
For older agreements, reaching full retirement age is treated as a good-faith retirement age, but the person seeking relief still must establish that modification or termination is appropriate.
Retiring before full retirement age usually creates a more difficult burden. The paying spouse must show that the retirement is reasonable and made in good faith.
The court may examine:
A person cannot necessarily retire early simply to avoid paying alimony.
Remarriage and cohabitation are treated differently.
The receiving spouse’s remarriage will generally terminate alimony unless the governing agreement provides otherwise.
Cohabitation does not necessarily terminate support automatically. It may provide grounds to suspend or terminate alimony after the nature of the new relationship is examined.
The court may consider shared expenses, intertwined finances, household responsibilities, the length of the relationship, and whether the couple has developed a mutually supportive relationship commonly associated with marriage.
Living in separate homes does not automatically prevent a finding of cohabitation.
Many open durational alimony cases are resolved through negotiation or mediation.
The settlement agreement should clearly explain:
Do not rely only on what you believe the agreement means. The written language may control your financial life for many years.
Open durational alimony does not have a fixed ending date when it is awarded.
But it is not necessarily permanent, and it is not automatic simply because a marriage lasted 20 years.
The outcome depends on:
No lawyer can guarantee the amount of alimony, how long it will continue, or what will happen at retirement.
What can be controlled is the quality of your financial analysis, your preparation, and the strategy used to present your case.
I’ve represented both paying and receiving spouses in New Jersey alimony cases for 38 years, and I understand the concern on both sides.
If you are facing divorce after a long marriage, the terms you agree to now could affect your finances for many years.
That is why I created my free Divorce Smarter Course.
It explains:
There are no guarantees in court. But there is knowledge, preparation, and a stronger way to approach your future.
Steve