When a couple divorces in New Jersey, the question of financial support often arises. One of the most common issues is temporary vs permanent alimony. Temporary alimony refers to support that lasts for a limited period. Permanent alimony, uncommon today, is available in certain long-term marriages when one of the spouses is unable to become self-supporting. Ultimately, the difference between temporary and permanent support lies in their purpose and duration: one ends after a defined period, while the other can extend indefinitely.
Since 1988, Weiner Law Group has built a reputation in New Jersey for delivering personalized representation, effective teamwork, and practical legal solutions. Our attorneys go above and beyond to protect clients’ interests, whether through negotiations or at trial. With decades of experience, we are committed to guiding clients through family law matters, including alimony disputes, with client-focused strategies and dependable support.
What Is Alimony?
Alimony, sometimes called spousal support or maintenance, is money one spouse pays to the other during or after divorce. It helps the receiving spouse maintain a lifestyle reasonably close to the one established during the marriage. New Jersey recognizes several types of alimony, and courts decide whether to award them by applying factors set out in state law.
Types of Alimony
New Jersey law recognizes several forms of spousal support. These options last for a set period or serve a specific purpose and include:
- Pendente Lite (Temporary) Alimony. Payments made while the divorce case is pending.
- Limited Duration Alimony. Courts award limited-duration alimony for a fixed number of years, usually in medium-length marriages where one spouse needs time to adjust financially.
- Rehabilitative Alimony. Short-term support helps a spouse gain the education, job training, or work experience needed to become self-sufficient.
- Reimbursement Alimony. Courts grant reimbursement alimony when one spouse financially supported the other’s education, training, or career advancement. It reimburses the supporting spouse for contributions made during the marriage.
- Permanent Alimony. Courts award permanent alimony to provide for a spouse’s long-term financial needs after a divorce is final. It offers long-term financial assistance when one spouse cannot realistically become financially independent.
So, questions of temporary vs. permanent alimony typically involve multiple types of temporary alimony and one type of permanent alimony.
General Alimony Factors
The court considers many factors before deciding whether to award alimony, including:
- The financial needs of the requesting spouse;
- The other spouse’s ability to pay;
- The length of the marriage;
- The couple’s standard of living, measured by income, expenses, and household lifestyle choices;
- Each spouse’s earning capacity, education, and work history;
- Parental responsibilities and childcare needs; and
- The age and health of both spouses.
Courts weigh these factors to decide whether to award alimony and, if so, how long payments should last, ensuring fairness while balancing both spouses’ financial realities.
Factors for Permanent Alimony
In the rare circumstances that a court considers a permanent award, it focuses on the factors for permanent alimony, such as:
- The duration of the marriage, with marriages of 20 years or longer more likely to result in permanent support;
- The age and health of the receiving spouse, particularly if medical conditions limit earning ability;
- Whether the receiving spouse left the workforce for many years to raise children or manage the household;
- The realistic ability of the receiving spouse to support themselves, considering education, training, and current job opportunities; and
- The standard of living the couple built during the marriage.
Generally, courts will not order permanent alimony unless the spouse requesting it cannot reasonably support themself in the future.
Can Alimony Be Modified or Terminated?
Alimony orders in New Jersey are not always permanent or unchangeable. The law recognizes that life circumstances shift, and courts allow spouses to request a modification or termination of permanent as well as temporary alimony.
Common reasons a court may adjust alimony include:
- Retirement—the paying spouse retires at a reasonable age;
- Remarriage or cohabitation—the receiving spouse remarries or lives with a new partner in a relationship similar to marriage;
- Income changes—either spouse experiences a substantial loss of income, job change, or increase in earnings; and
- Health issues—serious illness or disability affecting a spouse’s work ability.
The spouse requesting the change must convince the court that a genuine, lasting change in circumstances makes the existing order unfair.
How Long Does Alimony Last?
Temporary alimony always has an end date:
- Pendente lite support always ends when the divorce becomes final;
- Limited duration alimony continues for a set number of years, often linked to the length of the marriage;
- Rehabilitative alimony ends once the receiving spouse completes their training or education; and
- Reimbursement alimony ends when the supporting spouse has been repaid.
Permanent alimony has no set end date. It continues until:
- The receiving spouse remarries,
- Either spouse dies, or
- The court changes the order due to changed circumstances.
In practice, most alimony in New Jersey is temporary. Courts generally prefer support that lasts for a defined period and serves a specific purpose.
Temporary vs. Permanent Alimony
The primary difference between temporary and permanent support is that temporary alimony has an expected end date, while permanent alimony does not. Temporary alimony comes in several forms, each designed to address immediate or short-term needs, such as covering expenses during the divorce or providing limited support for a specific period.
By contrast, permanent alimony provides long-term support after divorce when one spouse cannot realistically become financially independent. Courts typically reserve it for marriages lasting 20 years or more, especially when age, health, or career sacrifices prevent self-sufficiency.
We Are Here to Help
At Weiner Law Group, we are committed to helping individuals navigate divorce and alimony. Since 1988, clients throughout New Jersey have trusted us for our dedication, teamwork, and ability to find practical solutions for even the most challenging cases. No case is too big or too small. Our attorneys handle everything from straightforward divorces to complex financial disputes with the same level of care.
Contact Weiner Law Group today by calling us at 973-403-1100 to schedule a consultation. We are here to help you achieve your desired outcome with trusted guidance through every stage of your case.