Alimony, spousal support, spousal maintenance, or domestic partner support (collectively, spousal support) is generally financial support in the form of periodic payments (usually monthly) paid by one spouse or domestic partner to the other spouse or domestic partner (referred to as spouses) upon divorce. Financial support paid by one spouse to the other spouse while the divorce is pending is often called temporary support.
The law regarding eligibility for spousal support—including the number of years payments must be made and the amount of the payments—often depends on factors such as the length of the marriage, the spouses’ relative earning capacities, the dependent spouse’s education and employment skills, the time a dependent spouse needs to obtain sufficient education or training, and whether there was family violence in the marriage.
Spousal support payments are generally taxable income to the person receiving the payments and deductible for the person making the payments. Such payments generally terminate upon (1) the end of the court-ordered award or payment period; (2) the death of either spouse; or (3) the remarriage of the spouse receiving the payments. And in some states the court may terminate the payments if the spouse receiving payments cohabits (lives) with another person with whom they have a romantic relationship.
Spousal support laws vary from state to state and are generally located in a state’s statutes—often in the family or domestic relations code.
In New Jersey, alimony, also known as spousal support, is financial assistance provided by one spouse to the other during or after a divorce. The state's alimony laws consider various factors to determine eligibility, amount, and duration of the support. These factors include the length of the marriage, the need and ability of the parties to pay, the age and health of the parties, the standard of living established during the marriage, earning capacities, and parental responsibilities for children, among others. New Jersey law recognizes different types of alimony: open durational alimony, rehabilitative alimony, limited duration alimony, and reimbursement alimony. The duration of alimony payments can be modified based on changes in circumstances, and payments typically cease upon the death of either party or if the recipient spouse remarries or cohabits with a partner in a relationship akin to marriage. It's important to note that for federal tax purposes, as of the Tax Cuts and Jobs Act of 2017, alimony payments are no longer deductible for the payer and are not considered taxable income for the recipient for divorce agreements executed after December 31, 2018.