What Are Open Duration Alimony and Permanent Alimony?

Open Duration Alimony Agreements in Union County NJ“Permanent Alimony” is a misnomer. Alimony agreements and terms may be modified or even terminated under the proper circumstances and are far from permanent. To clarify this potentially confusing terminology, “permanent alimony” was renamed “open duration alimony” in the state of New Jersey as of 2014. Open duration alimony statutes were also changed in 2014, resulting in a situation that makes the guidelines for granting open duration alimony more stringent.

Today, our Union County family law attorneys will discuss open duration alimony, how it may be modified and/or terminated, and how our clients can best navigate their alimony related concerns.

Westfield, NJ Alimony Attorney Defines “Open Duration Alimony”

Open duration alimony (formerly known as permanent alimony) is a form of alimony payment which is made from one ex-spouse to another with no specified end date (unless one of the parties dies, or the dependent party remarries). This is different from limited duration alimony, reimbursement alimony, or rehabilitative alimony, which all have set periods of time.

One of the changes made in the 2014 New Jersey alimony reform was to the requirements necessary to be awarded open duration “permanent” alimony. Couples must have been married for a minimum of 20 years for an ex-spouse to be eligible for open duration alimony.

For marriages that lasted fewer than 20 years, the payments will be considered limited duration alimony, and the length of limited duration alimony shall be directly tied into the length of the marriage. 2 years of alimony for 2 years of marriage, 19 years of alimony for 19 years of marriage, and so on, up to 20 years.

The 2014 changes to alimony statutes took immediate effect for all alimony agreements from that date moving forward. However, existing permanent alimony agreements were not impacted by this reform. Therefore, if an alimony agreement was signed before September 10th, 2014, these new laws do not entitle the signors the right to modify their agreement based on the new regulations. Any modifications to alimony agreements prior to 2014 must be requested as discussed in the following section.

Modifications or Terminations of Open Duration Alimony Agreements in Union County, NJ

When alimony agreements are reached, they are based on the circumstances present at the time. This can include the employment status of the spouses, their net worth, owned property, cost of living, and more. However, circumstances change, and even open duration alimony agreements may be modified or even terminated in certain situations.

Part of the reason for changing the name from “permanent” to “open duration” alimony was the confusing and misleading use of the word permanent. After all, if an agreement is subject to change at a later date, it is not really permanent at all.

All changes to existing alimony agreements are considered individually with all the facts at hand, and there are no surefire ways to be awarded modification in New Jersey. Some situations which may lead to the modification or termination of open duration alimony agreements include:

  • A major inheritance or other change in net worth
  • Loss of employment by one of both parties
  • Failure to adhere to open duration alimony agreement
  • Retirement of one or both parties
  • Drastic change in cost of living
  • Loss or gain of home or other properties
  • Serious injury or illness which renders one of the parties unable to work leads to major expenses or both

Contact A Linden Divorce and Alimony Attorney for a Confidential Consultation

At The Law Offices of Edward S. Cooper Esq., we have extensive experience serving clients across New Jersey towns like Westfield, Elizabeth, Plainfield, Union, Scotch Plains, Linden, and the greater Union County region. We believe in working closely with our clients to find just and amicable solutions to their alimony agreement needs. Whether you are going through a divorce or looking to modify an existing alimony agreement, our experienced legal team is here to help.

Contact us online or through our Linden offices by calling (908) 481-4625 for a confidential consultation regarding your needs and concerns when it comes to alimony or any other divorce or family law matter.