Can Men Receive Alimony in a Divorce?

Traditional narratives often depict alimony in a divorce as something only women receive from men after a marriage ends. In reality, New Jersey’s alimony laws are gender neutral. This means that men can and do receive alimony in a divorce if the legal criteria established by state law are met. In the final analysis, the focus of a divorce court isn’t on gender. Rather, focus is on such matters as financial need, earning potential, and fairness between spouses after marriage ends. 

What Is Alimony in New Jersey?

In New Jersey, alimony (also called spousal support or spousal maintenance) is a court-ordered payment from one spouse to another during divorce proceedings, after divorce, or both. The purpose is to help balance the financial disparity between spouses so that neither is unfairly disadvantaged because of a New Jersey divorce. The goal is to allow both individuals to transition toward financial independence without a sudden drop in living standards. 

Gender Neutrality: Can Men Collect Alimony?

As noted at the start of this article, men can and do receive alimony in New Jersey marriage dissolution proceedings. New Jersey courts evaluate alimony claims without regard to gender. In practice, this means a male spouse who has been financially dependent on his partner in some manner may qualify for support as the result of divorce. 

Key Factors Courts Consider in Regard to Alimony

Rather than gender, New Jersey courts look at a range of factors when deciding whether and how to award alimony in a particular divorce proceeding. Commonplace considerations are:

• Need for support: Does one spouse require financial help to maintain a reasonable post-marriage lifestyle?
• Ability to pay: Can the other spouse pay support without undue hardship?
• Length of the marriage: Longer marriages more often lead to longer or more substantial awards.
• Standard of living during the marriage: Courts try to approximate the marital lifestyle once married life ends.
• Earning capacity and employability: A spouse’s job skills, education, and ability to earn are crucial.
• Age and health: Older age and health problems may reduce earning power.
• Contributions to the marriage: Both financial and non-financial contributions (like homemaking or parenting) are relevant.

Types of Alimony Available to Men (And Women) in New Jersey

Men in New Jersey may be awarded different types of alimony depending on their needs, circumstances and the factors inherent in a particular case. These types of alimony include: 

• Limited Duration Alimony: Support for a specific time period, often tied to the length of the marriage.
• Open Duration Alimony: Indefinite support typically awarded in long-term marriages (generally 20 years or more).
• Rehabilitative Alimony: Support while the recipient retrains or reenters the workforce.
• Reimbursement Alimony: Repayment when one spouse invested in the other’s education or career.
• Temporary (Pendente Lite) Alimony: Paid during the divorce process to meet immediate needs.

Which type of alimony in a divorce is awarded in a specific case depends on factors that include:

• How long the marriage lasted
• Whether the recipient needs job training
• Financial independence of each spouse 

Duration and Termination of Alimony for Men

The length of alimony payments is another area where New Jersey law focuses on fairness and similar considerations and not gender. Duration considerations to bear in mind in New Jersey are: 

• For marriages under 20 years, alimony generally cannot exceed the length of the marriage except in extraordinary circumstances.
• For marriages 20 years or longer, open duration alimony may be ordered without a predetermined end date.
• Alimony can be terminated or modified if circumstances change (for example, if the recipient remarries, cohabitates with a new partner, becomes financially self-sufficient, or if the payer reaches retirement with a substantial change in financial ability).  

Again, this duration framework applies equally to men and women in a New Jersey divorce.

Legal Strategy: How Men Can Strengthen an Alimony Claim

Finally, it is helpful to keep in mind some factors when considering requesting alimony in a divorce in New Jersey. These are factors that are intended to improve their chances by doing several things: 

• Document financial dependency: Clear records of income, expenses, and work history help demonstrate need.
• Show contributions: Records of caregiving duties or sacrifices made during the marriage can strengthen a claim.
• Evaluate future employability: A realistic assessment of earning potential and career plans matters.
• Seek legal counsel: Experienced family law attorneys can help articulate the legal and financial case persuasively.

If you’re facing divorce proceedings in New Jersey and believe alimony may apply to your situation an experienced family law attorney at the Law Offices of Peter Van Aulen is here for you. You can schedule a no cost, no obligation initial consultation by calling us at 201-845-7400.