How Long New Jersey Alimony Lasts
For a New Jersey marriage of less than 20 years, alimony cannot last longer than the marriage except in exceptional circumstances, such as age, dependency, health, career sacrifices or disproportionate property; longer marriages can have open durational alimony.
The 20-year rule
For any marriage or civil union less than 20 years in duration, the total duration of alimony shall not, except in exceptional circumstances, exceed the length of the marriage or civil union. Longer marriages can support open durational alimony. The court sets the length and amount on all the factors and must also consider the practical impact of the parties’ need for separate residences on their ability to maintain a comparable standard of living (N.J.S.A. 2A:34-23(c)).
Exceptional circumstances
Circumstances that may require adjusting the duration:
| Circumstance | |
|---|---|
| (1) | The ages of the parties at the time of the marriage and at the time of the alimony award |
| (2) | The degree and duration of the dependency of one party on the other |
| (3) | Whether a spouse has a chronic illness or unusual health circumstance |
| (4) | Whether a spouse gave up a career or career opportunity or supported the other’s career |
| (5) | Whether a spouse received a disproportionate share of equitable distribution |
| (6) | The impact of the marriage on either party’s ability to become self-supporting, including as primary caretaker of a child |
| (7) | Tax considerations of either party |
| (8) | Any other equitable, relevant and material circumstance |
Limited duration alimony
In setting the term the court considers how long it would reasonably take the recipient to improve his or her earning capacity to a level where the alimony is no longer appropriate. The amount may be modified on changed circumstances or the nonoccurrence of circumstances the court expected, but the term is not modified except in unusual circumstances.
Rehabilitative alimony
It follows a plan showing the scope of rehabilitation, the steps and the time frame, including a period of employment during which rehabilitation occurs, and can be modified on changed circumstances or if the expected circumstances do not occur.
An example
A 12-year marriage has a presumptive limit of 12 years of alimony; a 25-year marriage may have open durational alimony.
Questions for the negotiation
Decide whether the agreement should set a different term, say when it ends and cover retirement.
Evidence to gather
The date of marriage, ages, health records, career history and records showing support of the other spouse’s career or education.
Frequently asked questions
How long can New Jersey alimony last for a 10-year marriage?
Not more than 10 years, except in exceptional circumstances.
What is open durational alimony in New Jersey?
Alimony with no fixed end date, available for longer marriages.
What are exceptional circumstances for New Jersey alimony duration?
Eight listed circumstances, including ages, dependency, health, career sacrifices, disproportionate property, ability to become self-supporting and taxes.
Can New Jersey limited duration alimony be extended?
The term is not modified except in unusual circumstances.
Does a civil union count as a marriage for New Jersey alimony duration?
Yes. The statute applies the same limits to civil unions.
Official sources
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited New Jersey statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed New Jersey attorney.