New Jersey · Alimony · Updated Oct 2026

Alimony in New Jersey

What New Jersey law says about alimony: when a court can order it, amount and length, how it relates to dividing property and how to ask for it.

The short answer

The court can award open durational, limited duration, rehabilitative or reimbursement alimony after making findings on the statutory factors.

Property division
Equitable distribution
Law
N.J.S.A. 2A:34-23.

Alimony rules in New Jersey

  • The court can award open durational, limited duration, rehabilitative or reimbursement alimony after making findings on the statutory factors.
  • For a marriage under 20 years, total alimony normally can't last longer than the marriage, except in exceptional circumstances.
  • No formula.

Law: N.J.S.A. 2A:34-23.

Good to know

For marriages under 20 years, alimony generally can't last longer than the marriage. (N.J.S.A. 2A:34-23(c))

Alimony and property in New Jersey

Spousal support is a separate question from dividing property and debts.

System
Equitable distribution
The rule
The court divides marital property fairly (equitable distribution), weighing factors such as length of marriage, age and health, income and earning capacity, contributions, and any written agreement.

How to ask for alimony in New Jersey

  1. Ask for it in your divorce papers

    You ask for alimony in the divorce case itself, in your petition or in your response to your spouse's petition. Use the court's official divorce forms: Divorce forms (New Jersey courts)

  2. Pay the fee or ask for a waiver

    $300 to file the complaint; $175 for the defendant's answer or appearance; plus $25 parenting workshop fee if you have minor children (NJ Courts). Can't afford it? If your income is low you can ask for a fee waiver: https://www.njcourts.gov/self-help/fee-waiver.

  3. Agree, or let the judge decide

    If you and your spouse agree, put it in your written agreement; if not, the judge decides. Common.

  4. Get it in the final decree

    Spousal support is ordered in the decree. Get a certified copy and keep it.

Questions about alimony in New Jersey

How does alimony work in New Jersey?

The court can award open durational, limited duration, rehabilitative or reimbursement alimony after making findings on the statutory factors. For a marriage under 20 years, total alimony normally can't last longer than the marriage, except in exceptional circumstances. No formula.

Is New Jersey a community property state?

No. New Jersey uses equitable distribution. The court divides marital property fairly (equitable distribution), weighing factors such as length of marriage, age and health, income and earning capacity, contributions, and any written agreement.

More about divorce in New Jersey

Alimony in nearby states

Sources

Last checked: Oct 24, 2026.