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If you are going through a divorce in New Jersey and wondering whether you might pay — or receive — alimony for the rest of your life, you are not alone. The term “permanent alimony” carries a lot of weight, and many people arrive at our office with strong feelings about it in both directions. The short answer is that New Jersey no longer uses the term “permanent alimony.” But the longer answer is more nuanced — and it matters a great deal to your financial future.
O’Cathain Law Group Family Law Department handles every aspect of divorce, from alimony to zero-sum negotiations. We serve clients throughout the Garden State. Read on to learn about alimony— permanent or not.
In September 2014, then-Governor Chris Christie signed the New Jersey Alimony Reform Act into law, which fundamentally overhauled how alimony is awarded, calculated, and terminated in the state. The most significant change: the statute removed the phrase “permanent alimony” entirely and replaced it with “open durational alimony.”
This was not merely a cosmetic name change. Prior to the reform, many spouses interpreted “permanent” to mean that alimony was truly locked in forever, no matter what changed in either party’s life. Courts and attorneys had long understood that was not how the law worked — but the confusion was widespread and often fueled costly, contentious litigation. The 2014 reform brought the language of the law in line with its practical reality.
Open durational alimony is the closest equivalent to what was formerly called permanent alimony. Like its predecessor, it carries no fixed end date written into the court order. However, it comes with meaningful guardrails that the old framework did not explicitly provide.
First, courts in New Jersey can only award open durational alimony in marriages or civil unions that lasted at least 20 years — absent exceptional circumstances. If your marriage lasted fewer than 20 years, the court generally cannot order alimony payments that extend beyond the length of the marriage itself.
Second, and critically, open durational alimony is presumed to end when the paying spouse reaches full retirement age under federal Social Security guidelines. This presumption can be rebutted, but it gives the paying spouse a concrete path to ending their obligation — something that was far more difficult to achieve under the old permanent alimony framework.
Open durational alimony does not continue indefinitely under all circumstances. Under New Jersey law, it may be terminated or modified in a number of situations, including:
It is important to understand that “open durational” does not mean “inevitable.” Courts weigh a range of statutory factors when determining whether alimony is warranted at all — including the length of the marriage, the standard of living established during the marriage, each spouse’s earning capacity, and their respective financial needs and obligations.
The 2014 reform is not retroactive. If you or your spouse entered into an alimony agreement — whether by court order or enforceable settlement — before September 10, 2014, the terms of that agreement remain governed by the old law. “Permanent alimony” agreements signed before the reform date are still enforceable as written, though they may still be subject to modification if there is a substantial change in circumstances.
If you believe a pre-2014 alimony order is no longer appropriate given changes in your life — a job loss, retirement, a new relationship for your former spouse — it is worth consulting with our experienced New Jersey family law attorneys to evaluate your options, and see if modifications might be right for you.
O’Cathain Law Group Family Law Department has extensive experience handling alimony disputes across Bergen County and throughout New Jersey — from straightforward negotiations to high-asset, high-conflict cases that go to trial. Managing Partner Francesca O’Cathain, Esq. currently serves as President of the New Jersey Chapter of the American Academy of Matrimonial Lawyers, and our team is committed to providing clear, candid guidance so that you can make informed decisions about your future.
If you have questions about alimony — whether you are just beginning the divorce process or are years post-judgment — we encourage you to contact our office to schedule a confidential consultation. We are here to help you Move Forward with the right alimony situation for you.