When you start talking about alimony, one of the first questions that comes up is What’s the goal here? Are we trying to maintain the lifestyle you had during the marriage? Or are we trying to ensure each person can meet their reasonable financial needs?

This might sound like a subtle distinction, but it’s actually one of the most fundamental questions in alimony negotiations. The approach you take—lifestyle maintenance versus needs-based support—can lead to dramatically different outcomes, both in the amount of alimony and in its duration.

Here’s what makes this complicated: In New Jersey, what gets considered includes both “the standard of living established during the marriage” and “the actual need and ability of the parties to pay.” So which one drives the conversation?

As a divorce mediator with a finance background, I help couples carefully consider this question. While I can’t give you legal advice, I can show you how these two approaches work in practice and help you understand the long-term implications of each. That’s the beauty of mediation—you get to decide your philosophy rather than having someone else impose theirs on you.

Please note: The financial examples in this post are for illustration purposes only and use simplified scenarios with round numbers to demonstrate concepts. Every divorce situation is unique, with different income levels, expenses, family circumstances, and financial complexities. These examples are not predictions of what you should expect in your specific case. I’m not a lawyer and cannot provide legal advice or tell you what alimony amount you’ll receive or pay.

The Lifestyle Maintenance Approach

Alimony negotiations in New Jersey explained through the lifestyle-maintenance approach by Equitable Mediation. Contact (877) 732-6682 for help creating balanced post-divorce financial plans.

The lifestyle maintenance approach starts with a straightforward premise: during your marriage, you established a certain standard of living. You lived in a particular kind of home, took certain vacations, and generally lived at a certain comfort level.

The idea is that divorce shouldn’t force either person into a dramatically lower standard of living than during the marriage. If you lived comfortably, you should both be able to continue living reasonably comfortably, recognizing that two households cost more than one.

In practice, this means looking at your actual spending during the marriage and using that as the baseline for post-divorce budgets. Suppose you spent $8,000 per month on housing, food, utilities, transportation, and discretionary expenses during the marriage. We’d look at how to structure your post-divorce finances so both of you can maintain something comparable.

Let’s work through a complete example. One spouse earns $150,000 annually (about $10,000 monthly after tax), and the other earns $40,000 annually (about $3,000 monthly after tax). During the marriage, you maintained a combined monthly lifestyle costing $10,000. Post-divorce, if each person tries to maintain a lifestyle close to that standard, they need about $7,000 to $8,000 per month. The higher earner has $10,000 available and needs $7,000, leaving $3,000 available. The lower earner has $3,000 available but needs $7,000. Under a lifestyle maintenance approach, alimony might be $4,000 per month—enough to allow both parties to maintain something reasonably comparable to the marital standard.

This approach tends to result in higher alimony amounts, especially when there’s a significant income disparity. The argument for this approach is fairness. You both contributed to building that lifestyle—maybe one person earned the income while the other managed the home and raised children. Why should one person continue living at that standard while the other’s lifestyle drops dramatically?

The Needs-Based Approach

Alimony negotiations in New Jersey using the needs-based approach with support from Equitable Mediation to build realistic post-divorce budgets. Reach (877) 732-6682 for expert guidance on equitable spousal support solutions.

The needs-based approach starts from a different premise: alimony should ensure each person can meet their reasonable financial needs and live decently, but it’s not trying to replicate the marital lifestyle exactly.

This approach asks: what do you actually need to live safely and comfortably? Not what you became accustomed to during the marriage, but what represents a reasonable standard of living post-divorce?

In practice, this often means building budgets that are more modest than marital spending. Perhaps you previously lived in a $ 4,500-per-month apartment during the marriage, but a $ 2,800-per-month apartment might better meet your actual housing needs post-divorce. Perhaps you spent $1,200 per month on dining out during the marriage, but $400 per month might be a more reasonable amount post-divorce.

Using the same income example—$150,000 vs $40,000 earners—let’s apply the needs-based approach. Instead of trying to maintain $7,000 to $8,000 monthly lifestyles, we build budgets based on reasonable needs. Maybe the higher earner needs $5,500 monthly for reasonable housing, transportation, food, and essentials. The lower earner needs $4,500 monthly for the same. The higher earner has $10,000 available and needs $5,500, leaving $4,500 available. The lower earner has $3,000 available but needs $4,500. Under a needs-based approach, alimony might be $1,500 to $2,000 monthly—enough to ensure both people can meet reasonable needs and live comfortably.

This approach tends to result in lower alimony amounts because you’re not trying to fund two households at the full marital standard of living—you’re trying to ensure both people can meet their needs and live reasonably.

The argument for this approach is practicality. The income that supports one household at a particular lifestyle often can’t support two households at that same lifestyle. Something has to give. This approach acknowledges reality and focuses on ensuring both people are financially stable.

How Each Approach Affects Long-Term Outcomes

The approach you choose doesn’t just affect the monthly alimony amount—it affects your entire financial trajectory post-divorce.

Looking at our example, under a $4,000 monthly alimony arrangement, the paying spouse has $6,000 monthly to work with ($10,000 minus $4,000). After their $7,000 monthly expenses, they’re running a deficit and may need to dip into savings or reduce their lifestyle. They’re funding two households at near-marital standards, which creates ongoing financial pressure and may delay retirement savings.

Under the needs-based approach, at $1,500 to $2,000 monthly alimony, the paying spouse has $8,000 to $8,500 available each month. After their $5,500 in reasonable expenses, they have $2,500 to $3,000 monthly for savings, investments, and financial flexibility. They can rebuild their financial foundation more quickly and save for retirement.

For the receiving spouse, a $4,000 monthly lifestyle maintenance allowance gives them $7,000 total to work with. They can maintain their housing, social connections, and children’s activities. The adjustment to divorced life is less jarring financially.

With needs-based at $1,500 to $2,000 per month, the receiving spouse has $4,500 to $5,000 in total monthly income. They’re meeting their needs and living comfortably, but they’re living differently than they did during the marriage. There’s a more significant lifestyle adjustment.

From a financial planning perspective, I help couples model both approaches over five or ten years. What does your net worth look like under each scenario? What about retirement savings? These long-term projections often show that the initial choice between $4,000 and $2,000 in monthly alimony can result in a difference of $100,000 to $200,000 in retirement savings over a decade.

Building Realistic Budgets for Each Approach

Regardless of which approach you choose, you need detailed, realistic budgets. This is where my finance background really helps couples get beyond vague estimates to actual numbers.

We break spending into the following categories: housing, transportation, food, insurance, children’s expenses, and personal spending. For the lifestyle maintenance approach, we look at your actual spending during the marriage using bank statements, credit card statements, and tax returns. We’re documenting it, not guessing.

For the needs-based approach, we build budgets that reflect reasonable spending in each category rather than matching marital spending. Perhaps you spent $1,800 monthly on groceries and dining during the marriage, but allocating $900 monthly could meet nutritional needs while still allowing for occasional restaurant meals.

The key is being honest and realistic. Needs-based doesn’t mean bare-bones or spartan. It means reasonable and sustainable. I help couples find the balance between necessary and discretionary spending.

Why Mediation Lets You Choose Your Approach

In mediation, you don’t have to pick one approach and stick to it rigidly. You can blend them. You can choose lifestyle maintenance for some categories and needs-based for others.

Maybe you decide that housing should be needs-based—everyone downsizes somewhat—but children’s expenses should maintain the marital standard, because you don’t want the kids’ activities disrupted. Perhaps you agree to lifestyle maintenance for the first three years to allow for a gradual adjustment, then step down to needs-based alimony. Or you might start at $3,500 monthly for five years, then drop to $2,000 monthly for another five years as the lower-earning spouse builds their income.

If you went to court, you’d face a judge who barely knows your situation, making assumptions about which approach fits, all in a 30-minute hearing with limited financial information. You’d both walk away frustrated, with an alimony number that might not reflect what either of you thinks is fair. In mediation, you can have transparent conversations about which approach feels fair to both of you and why.

I’ve worked with couples who chose lifestyle maintenance because they’d been married 28 years and it felt right to preserve continuity. I’ve worked with other couples who opted for needs-based planning because they both wanted to move forward quickly and minimize ongoing financial entanglement. Neither approach is inherently right or wrong—it’s about what makes sense for your situation and your priorities.

Creating Your Financial Future with Confidence

The lifestyle maintenance versus needs-based question isn’t just about money—it’s about your priorities, your values, and your vision for post-divorce life. Some couples prioritize continuity and stability, especially when children are involved. Others prioritize clean breaks and financial independence.

The difference between these approaches isn’t just philosophical. It’s $2,000 to $2,500 monthly in our example. That’s $24,000 to $30,000 annually. Over ten years, it’s $240,000 to $300,000 in total alimony payments. These numbers have real consequences for your retirement savings, financial security, and quality of life.

That’s why this decision requires sophisticated financial analysis, not guesswork or assumptions. With an MBA in Finance and experience working through these exact questions with hundreds of couples, I help you model both approaches with detailed projections. You see precisely what each philosophy means for your monthly cash flow, your budget in each spending category, your ability to save for retirement, and your long-term financial security.

We don’t just look at today—we project five, ten, fifteen years into the future. What happens when the kids finish college? When the lower-earning spouse’s income grows? When retirement approaches? How does your agreement adapt to those changes? Building that future-focused thinking into your decision from the start prevents surprises and gives you confidence that your agreement will work not just today but years from now.

This is the kind of personalized approach that’s only possible in mediation. You’re not getting a one-size-fits-all formula based on what worked for other couples. You’re designing a solution tailored to your income, expenses, priorities, and your family’s needs. You maintain control over the philosophy that drives your agreement, and you can see exactly what that philosophy means in practice with real numbers.

If you’re facing questions about alimony in New Jersey, mediation with the right financial expertise helps you move from an abstract, philosophical debate to a concrete understanding and informed decisions. You deserve an approach that shows you the real financial impact of each choice and helps both of you move forward with clarity and confidence.

“You may have researched how alimony works in your state. But in my experience, regardless of whether a state offers guidance on how to resolve alimony, often, couples negotiate their own agreement tailored to their unique situation and circumstances.

So you have a lot of flexibility and can maintain a lot of control if you negotiate the terms of alimony out of court with the help of a skilled professional using an alternative dispute resolution process like divorce mediation or a collaborative divorce .

You and your soon-to-be ex-spouse will more likely come to an alimony arrangement that's acceptable to both of you."

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Joe Dillon | Divorce Mediator & Founder

FAQs About Alimony in New Jersey

Alimony, also called spousal support, is a financial payment one spouse provides to the other during or after divorce. The purpose is to help both spouses maintain a lifestyle reasonably comparable to what they had during marriage.

In New Jersey, alimony works through two phases: temporary support during divorce proceedings (pendente lite) and post-judgment alimony in the final agreement. Different types of alimony can be awarded based on your circumstances. Unlike child support which follows a formula, alimony gets determined by analyzing multiple factors including need, ability to pay, marriage duration, earning capacities, and standard of living.

Alimony is not automatic—it’s only awarded when one spouse demonstrates financial need and the other has ability to pay.

Duration changed significantly with the 2014 reform. For marriages under 20 years, alimony typically cannot exceed the marriage length unless exceptional circumstances exist (chronic illness, special needs children). A 12-year marriage generally means maximum 12 years of alimony.

For marriages of 20+ years, open durational alimony becomes possible—support without a predetermined end date. However, it’s not guaranteed for life and can be modified or terminated based on changed circumstances.

Alimony automatically ends when the recipient remarries, enters a civil union, or dies. When the payor reaches full retirement age (typically 67), there’s a presumption that alimony should terminate.

In New Jersey, 13 factors get evaluated: actual need and ability to pay, marriage duration, age and health of both spouses, standard of living during marriage, earning capacities and employability, time needed for education or training, each party’s income and property, contributions to the marriage (including homemaking and childcare), parental responsibilities, tax consequences, career sacrifices made during marriage, and whether property division already addresses economic circumstances.

For example, if one spouse earns $150,000 while the other stayed home for 15 years raising children, multiple factors favor alimony: significant income disparity, lengthy absence from workforce requiring retraining time, career sacrifice for family benefit, and homemaking contributions.

No. Unlike child support, New Jersey doesn’t use a fixed formula. Each case gets decided individually based on the 13 factors.

However, some practitioners reference an informal guideline as a starting point: 20-25% of the income difference. If one spouse earns $120,000 and the other earns $50,000, the $70,000 difference might suggest $1,200 to $1,500 monthly ($14,000-$18,000 annually). But this is just a discussion starting point—actual amounts depend on complete financial analysis.

In mediation, we analyze detailed budgets, actual expenses, earning capacity, and all relevant factors to determine what makes sense for your situation.

The 20-year threshold is the most important dividing line. Marriages of 20+ years are eligible for open durational alimony (support without a predetermined end date). For marriages under 20 years, duration typically cannot exceed the marriage length.

This doesn’t mean 20 years automatically guarantees alimony. A 22-year marriage where both spouses earn $100,000 annually may result in no alimony. A 22-year marriage where one earns $200,000 and the other hasn’t worked in 18 years will likely involve substantial alimony.

The 20-year mark opens the door to longer duration but doesn’t guarantee any particular outcome.

Remarriage automatically terminates alimony immediately—no court hearing needed. The recipient must notify the payor. Any failure to notify can result in repayment of improperly received support.

Cohabitation is more complex. If the recipient cohabits with a new partner in a mutually supportive relationship, alimony may be suspended or terminated. The payor must file a motion and prove the relationship exists by showing joint finances, shared responsibilities, social recognition of the relationship, and economic interdependence.

Importantly, cohabitation doesn’t require living together full-time—part-time arrangements can still qualify if they demonstrate financial interdependence.

Yes. Either spouse can request modification by demonstrating significant changed circumstances. Common grounds include:

Income changes: If the payor experiences involuntary income reduction lasting 90+ days, they can seek reduced payments. If income increases substantially, the recipient may seek increased support.

Retirement: Reaching full retirement age (67) creates a presumption that alimony should terminate. Early retirement requires proving the decision was made in good faith and is objectively reasonable.

Health changes: Substantial changes in health or onset of disability affecting earning capacity can warrant modification.
Recipient’s improved circumstances: If the recipient’s income increases significantly through employment, inheritance, or other means, the payor can seek reduction or termination.

Modifications take effect from the filing date, not retroactively, so timing matters.

For divorces finalized after December 31, 2018, alimony is no longer tax-deductible for the payor and no longer taxable income for the recipient at both federal and state levels.

Before 2019, someone in the 35% tax bracket paying $60,000 in alimony only spent $39,000 after-tax because of the deduction. Now they need to earn $92,000 pre-tax to have $60,000 available after paying their own taxes. The recipient receives $60,000 tax-free instead of paying $9,000 in taxes on it.

This change fundamentally altered negotiations. Property settlements may be more tax-efficient than ongoing alimony since asset transfers are generally tax-free.

For divorces finalized before 2019, the old rules still apply—alimony remains deductible for the payor and taxable for the recipient.

Qualifies: The spouse with significantly lower income or earning capacity may qualify if they need financial assistance to maintain a reasonably comparable lifestyle while working toward self-sufficiency. Key factors: demonstrable income disparity, career sacrifices during marriage, time out of workforce, need for retraining, and homemaking contributions.

Disqualifies: Comparable incomes between spouses, very short marriages (1-3 years), valid prenuptial agreements waiving support, financial independence through assets or inheritance, and conviction of murder, manslaughter, or similar serious offenses resulting in death or injury to a family member.

No minimum marriage duration exists—even shorter marriages can result in alimony if circumstances warrant.

Pendente lite (temporary): Support during divorce proceedings to maintain financial status quo. Ends when the final judgment is entered.

Open durational: Support without a predetermined end date, typically for 20+ year marriages. Subject to modification or termination based on changed circumstances.

Limited duration: Support for a defined period that cannot exceed the marriage length unless exceptional circumstances exist. Typically for marriages under 20 years.

Rehabilitative: Assists the recipient in acquiring education, training, or work experience to become self-supporting. For example, $3,000 monthly for 2 years while completing a master’s program, then $1,500 monthly for 3 years while building career experience.

Reimbursement: Compensates one spouse for contributions toward the other’s advanced education or career development (like supporting a spouse through medical or law school). Cannot be modified once awarded.

Multiple types can be combined as warranted by circumstances.

Lay the groundwork for a peaceful divorce

About the Authors – Divorce Mediators You Can Trust

Equitable Mediation Services is a trusted and nationally recognized provider of divorce mediation, serving couples exclusively in California, New Jersey, Washington, New York, Illinois, and Pennsylvania. Founded in 2008, this husband-and-wife team has successfully guided more than 1,000 couples through the complex divorce process, helping them reach amicable, fair, and thorough agreements that balance each of their interests and prioritizes their children’s well-being. All without involving attorneys if they so choose.

At the heart of Equitable Mediation are Joe Dillon, MBA, and Cheryl Dillon, CPC—two compassionate, experienced professionals committed to helping couples resolve divorce’s financial, emotional, and practical issues peacefully and with dignity.

Photo of mediator Joe Dillon at the center of the Equitable Mediation team, all smiling and poised around a conference table ready to assist. Looking for expert, compassionate divorce support? Call Equitable Mediation at (877) 732-6682 to connect with our dedicated team today.

Joe Dillon, MBA – Divorce Mediator & Negotiation Expert

As a seasoned Divorce Mediator with an MBA in Finance, Joe Dillon specializes in helping clients navigate complex parental and financial issues, including:

  • Physical and legal custody
  • Spousal support (alimony) and child support
  • Equitable distribution and community property division
  • Business ownership
  • Retirement accounts, stock options, and RSUs

Joe’s unique blend of financial acumen, mediation expertise, and personal insight enables him to skillfully guide couples through complex divorce negotiations, reaching fair agreements that safeguard the family’s emotional and financial well-being.

He brings clarity and structure to even the most challenging negotiations, ensuring both parties feel heard, supported, and in control of their outcome. This approach has earned him a reputation as one of the most trusted names in alternative dispute resolution.

Photo of Cheryl Dillon standing with the Equitable Mediation team in a bright conference room, all smiling and ready to guide clients through an amicable divorce process. For compassionate, expert support from Cheryl Dillon and our team, call Equitable Mediation at (877) 732-6682 today.

Cheryl Dillon, CPC – Certified Divorce Coach & Life Transitions Expert

Cheryl Dillon is a Certified Professional Coach (CPC) and the Divorce Coach at Equitable Mediation. She earned a bachelor’s degree in psychology and completed formal training at The Institute for Professional Excellence in Coaching (iPEC) – an internationally recognized leader in the field of coaching education.

Her unique blend of emotional intelligence, coaching expertise, and personal insight enables her to guide individuals through divorce’s emotional complexities compassionately.

Cheryl’s approach fosters improved communication, reduced conflict, and better decision-making, equipping clients to manage divorce’s challenges effectively. Because emotions have a profound impact on shaping the divorce process, its outcomes, and future well-being of all involved.

What We Offer: Flat-Fee, Full-Service Divorce Mediation

Equitable Mediation provides:

  • Full-service divorce mediation with real financial expertise
  • Convenient, online sessions via Zoom
  • Unlimited sessions for one customized flat fee (no hourly billing surprises)
  • Child custody and parenting plan negotiation
  • Spousal support and asset division mediation
  • Divorce coaching and emotional support
  • Free and paid educational courses on the divorce process

Whether clients are facing financial complexities, looking to safeguard their children’s futures, or trying to protect everything they’ve worked hard to build, Equitable Mediation has the expertise to guide them towards the outcomes that matter most to them and their families.

Why Couples Choose Equitable Mediation

  • 98% case resolution rate
  • Trusted by over 1,000 families since 2008
  • Subject-matter experts in the states in which they practice
  • Known for confidential, respectful, and cost-effective processes
  • Recommendations by therapists, financial planners, and former clients

Equitable Mediation Services operates in:

  • California: San Francisco, San Diego, Los Angeles
  • New Jersey: Bridgewater, Morristown, Short Hills
  • Washington: Seattle, Bellevue, Kirkland
  • New York: NYC, Long Island
  • Illinois: Chicago, North Shore
  • Pennsylvania: Philadelphia, Bucks County, Montgomery County, Pittsburgh, Allegheny County

Schedule a Free Info Call to learn if you’re a good candidate for divorce mediation with Joe and Cheryl.

Related Resources

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  • Divorce Mediation Illinois

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  • Divorce Mediation New Jersey

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