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Will I pay alimony after a short same-sex marriage?

On Behalf of | Nov 28, 2025 | Same-Sex Family Law

Ending a marriage is stressful. It gets even more complicated when you worry about your financial future. You might think a marriage that lasted only a few years results in a clean break with no further payments. 

While a shorter timeline often limits how long you pay, it does not guarantee you will not pay anything at all. For high earners and business owners, even a marriage lasting less than five years can come with a support obligation.

The limits of open durational alimony

New Jersey replaced “permanent alimony” with “open durational alimony.” If your marriage lasted less than 20 years, the court generally cannot award this type of support. The law restricts these open-ended payments to long-term marriages unless your situation is exceptional.

Instead, a judge may award “limited duration alimony.” This type of support has a strict time limit. By law, the duration of these payments generally cannot exceed the length of the marriage itself.

Factors that determine the amount

While the length of your marriage caps how long you pay, it does not automatically lower the monthly amount. Judges look at the financial reality of your relationship to decide if support is necessary. The court reviews specific details:

  • The actual need of your spouse and your ability to pay
  • The lifestyle you both enjoyed while living together
  • The earning potential of each person based on work history

These details help the court decide on a fair amount regardless of gender.

Business assets and support

Business owners often face extra challenges. While the length of your marriage limits how long you pay, it does not cap the monthly amount. If your spouse paused their career to help your business grow, the court may set a higher monthly payment to balance that sacrifice, even if the payments only last a short time.

Clarifying financial obligations

Reducing the length of alimony is a win, but it does not always mean a clean financial break. Because New Jersey’s alimony amendment changed how duration is calculated, understanding the specific rules is critical for your strategy. An experienced attorney can review your history to help you understand your likely obligations.