Even if a couple doesn’t make it until “death-do-us-part,” any marriage lasting 20 years or more in New Jersey falls into the “long term marriage” category. That means that a dependent spouse may be entitled to Open Durational Alimony.
How Long Does Open Durational Alimony Last?
It’s called “Open Durational” for a reason. As a result of the NJ alimony amendments in 2014, ODA has no definitive end date but presumptively terminates upon the person paying reaching full social security retirement age, around 66 or 67, and also retiring.
It is not a “happy birthday” statute where a termination is automatic. This presumptive end is just that—a presumption. In the future, the presumption of alimony terminating when the payor reaches full social security retirement age could be overcome by the dependent spouse.
Can ODA Extend Beyond Retirement Age?
To overcome the presumption, a court would have to review a variety of factors, including the ages of the parties at the time of retirement, their ages at the time of the marriage and entry of the alimony award, the degree of economic dependency during the marriage, the assets, sources of income, retirement savings, and other factors.
Contact Rigden Law Today
Paying or receiving alimony is often the biggest issue both during a divorce and after. Contact Rigden Law today to discuss your rights and obligations regarding alimony..