For how long will you be paying alimony?
Joe from Manalapan thought he had a handle on things.
He built a successful business, raised two kids, and stayed married for over 20 years.
Now, his wife wanted out—and wanted alimony “for life.”
He panicked.
His buddy told him that in New Jersey, alimony ends when you retire.
His accountant said alimony could last forever.
His lawyer said: “It depends on the judge.”
What the heck is the right answer?
Joe was stuck in the middle of a mess—afraid of being drained for decades with no clear answers.
Does this sound familiar?
Here’s what you need to know—before you agree to anything.
(And by the way, Joe isn’t his real name. I protect all of my clients’ privacy.)
If your marriage lasted 20 years or more:
You’re looking at open duration alimony.
That means payments continue indefinitely—unless you prove there’s been a major life change (like retirement, disability, or her remarriage).
Yes, you can file to end it at 67, but it doesn’t stop automatically.
You have to go back to court.
Yet for anyone divorce 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.
If your marriage lasted under 20 years:
Alimony cannot exceed the length of the marriage.
But here’s the trap: Judges still have wide discretion.
A 13-year marriage could still 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 a 12 year alimony payment).
Factors the court must consider include:
Each spouse’s income
The receiving spouse's ability to become self-supporting
The marital lifestyle
The cost of two households
There are 19 statutory factors in total—and your outcome depends on how well your lawyer uses them.
This is where most people get it wrong.
They assume alimony is a math formula.
It’s really not (although to settle cases, there is a rough "formula" that many lawyers and mediators use. But judges are not allowed to use any "formula". They MUST revert to comparing the facts of the particular case to the statutory factors, and then "try to figure out what is fair".
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 Monmouth County for 37+ years.
I work closely with top forensic accountants to make sure my clients don’t get stuck with inflated valuations, unrealistic income assumptions, or unfair timelines.
The first move? Knowledge.
Don’t sign anything.
Don’t agree to anything.
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:
How judges think about alimony in real cases
How to protect your business and future income
What to do (and not do) if you're close to retirement
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.
You're not powerless.
You're just uninformed.
Let’s fix that—starting now.
And... if you happen to be married to a narcissist, then by all means click the blue box below.
—
Steven J. Kaplan, Esq.
Monmouth County Divorce Lawyer
www.KaplanDivorce.com | (732) 845-9010
