Spousal support, commonly known as alimony, is intended to prevent one spouse from facing extreme financial hardship post-divorce. In reality, there is usually not enough money to support two post-divorce households in the same fashion as you did one marital household, using the same amount of income. So usually there are lifestyle adjustments for all parties and the purpose of spousal support in the real world is to allow both parties to afford the adjusted lifestyle, not the marital lifestyle. The amount of spousal support is determined using a multitude of factors such as the length of the marriage, each partner’s earning capacity, and the marital standard of living. In New Jersey there are limits for the length of support for marriages under 20 years, generally a duration no longer than the length of the marriage itself. Again, in reality, it is usually a fraction of the length of the marriage. For marriages that are more than 20 years you can opt to not have a set end date for the spousal support.

Navigating a divorce is a deeply personal and often challenging experience. Understanding how spousal support works in a New Jersey divorce is one of the most critical steps to securing and protecting your financial future. In New Jersey, spousal support is not automatically guaranteed in every divorce. Instead, it is evaluated on a case-by-case basis.

There are four types of spousal support. In divorce mediation, most parties choose limited duration spousal support, so they know what is expected and for how long. Spousal support can be one of or a combination of four specific types of support:

• Open Durational Spousal Support: Formerly known as “permanent alimony,” this is generally reserved for marriages lasting 20 years or more. These payments do not have a set end date, though they can be modified or terminated if significant life changes occur. There is the possibility of support ending when the payee retires and their income changes. It is up to the court to determine the outcome at the time of retirement and a bit of a gamble for both parties.
• Limited Duration Spousal Support: For marriages lasting less than 20 years, this type of support is typically awarded for a set period. By law, the duration of limited duration spousal support does not exceed the number of years the marriage lasted, barring any exceptional circumstances. Most people who use divorce mediation services at Westfield Mediation opt for this type of spousal support, regardless of their length of marriage, so everyone knows what to anticipate and can budget accordingly. There are no unexpected, continued expenses or sudden lack of income at retirement age.
• Rehabilitative Spousal Support: This is designed to help a dependent spouse get back on their feet. It often provides funds for education, training, or career development so the recipient can re-enter the workforce and become self-supporting.
• Reimbursement Alimony: This is a less common type of support used to reimburse a spouse who financially supported the other partner’s education or career training during the marriage.

If you and your spouse cannot agree on the terms of spousal support during the process of divorce mediation, then you will have a contested divorce, and a judge will step in to decide the amount of support and how long it will last. Under New Jersey Revised Statutes §2A:34-23, the court relies on 14 factors to make a fair determination. No one factor is more important than another factor unless the court finds otherwise. Some examples of these factors are:

• The actual financial need of one spouse and the ability of the other to pay
• The duration of the marriage
• The age, physical, and emotional health of both spouses
• Each spouse’s earning capacity, educational level, and employability
• Any time spent out of the job market to raise a family or care for the home
• The standard of living established during the marriage

Spousal support can be changed or ended and is not necessarily set in stone forever. Under New Jersey state codes, support orders can generally be modified or terminated if there is a significant change in circumstances. Common reasons for an adjustment or termination of spousal support include:

• The recipient party remarries or cohabitates with a new partner
• The recipient party dies
• The paying party reaches retirement age
• A major shift in income (such as involuntary job loss) occurs for either party

Calculating and negotiating spousal support can be a hot button topic in divorce mediation. However, most people are able to cope with the emotional aspect and reach a monthly amount of support. For some people, the payor thinks they are paying too much, and the payee thinks they are receiving too little. However, they do end up reaching a number they both can live with. The outcome of the spousal support discussion in divorce mediation will directly impact your day-to-day finances for years to come for both parties involved. So even though this can be a triggering topic for some people, through the process of divorce mediation both parties realize a reasonable resolution is possible and obtainable.