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Can I get alimony if married less then two years?

New Brunswick, NJ |

My husband found out that I stayed in touch with an ex boyfriend for the entire length of our marriage even though I promised on several occasions to stop. There was never a physical affair. We have been married for 21 months and I have been unemployed most of the time.

Am I entitled to alimony in NJ under these circumstances? I have no current income and he is the sole financial provider. Does the duration of the marriage or the circumstances of the divorce effect the alimony?

Thank you

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Filed under: Divorce Alimony Employment
Attorney answers 4


It is extremely unlikely that you will be entitled to permanent alimony under these circumstances. The length of the marriage is an important factor. But, you may be entitled to spousal support, during a separation or during the pendency of a divorce, for a period of time depending on what your husband's salary is and what your ability to find employment is. Your question does not make clear whether either of you has filed for divorce or whether you are presently separated.



Neither of us has filed yet. He has a very good salary and I currently have no income as I am pursuing a business as an Artist. We are both able to work and we have no children.

Pablo N Blanco

Pablo N Blanco


Under these circumstances, and if you are separated, you would probably be entitled to spousal support in the short term if you so seek in court, but in the mid term the court would probably want to seek employment.


During the pendency of your divorce, the courts customarily maintain the status quo, by assuring bills are paid by each party as they were before the separation. This is especially true if there is a home. Other than this, a marriage of two years duration may qualify for "rehabilitation alimony" if you can prove some type of reliance, such as your having quit your job. The alimony would be for a short time, enough to get yourself a job or finish some type of education you may have started.


It is unlikely that two years is long enough for alimony.

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The length of the marriage is a key factor in an alimoy analysis. Without having more facts, it is difficult to assess the situation fully. However, absent something unusual having happened it is difficult to get alimony with a 2 year marriage and if you get it, it will be for less than 2 years.

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