In a New Jersey divorce, one date can shape years of your financial life: your 20th wedding anniversary. Whether a marriage fails to reach that mark or exceeds it, it changes how long alimony lasts, and whether there may be no set end date.
What Is New Jersey’s 20-Year Rule?
Since September 10, 2014, the New Jersey alimony statute (N.J.S.A. 2A:34-23(c)) has provided that, for any marriage or civil union lasting less than 20 years, the total duration of alimony cannot exceed the length of the marriage, unless there are exceptional circumstances. For example, a 12-year marriage generally cannot result in more than 12 years of support.
For marriages of 20 years or longer, a court may award open-ended alimony, which means support without a fixed end date. This replaced what was previously called “permanent” alimony.
Reaching 20 Years Is Not a Guarantee
The length of the marriage is only one factor. In Gnall v. Gnall (2015), the New Jersey Supreme Court held that judges must consider every statutory factor and cannot let the duration alone decide the type of alimony. Courts also look for real economic dependence before ordering long-term support.
How Courts Measure the Length of a Marriage
The clock generally runs from the wedding date to the date when a divorce complaint is filed. It does not stop when the spouses separate, and it keeps running until the divorce is finalized.
In S.S. v. A.T.S., Jr., an unpublished November 2025 decision of the Appellate Division, a husband argued that the marriage ended when he moved out years earlier. The court considered it in relation to the wife’s complaint filed just after the 20th anniversary and upheld the open durational alimony. His previous, dismissed complaint did not count.
If your marriage is approaching the 20-year mark, it’s a good idea to talk to an attorney before anyone files for divorce.
The Four Types of Alimony and How Long Each Lasts
- Open-ended alimony: This type of alimony has no set end date and is typically reserved for marriages that last 20 years or longer.
- Fixed-term alimony: This alimony has a predetermined length, capped at 20 years, based on the recipient’s need to improve their earning capacity. The amount of alimony may change if circumstances change, but the length of the term will only change in unusual circumstances.
- Rehabilitation alimony: This is tied to a plan that outlines steps and a timeline for the recipient to become self-sufficient.
- Repayment alimony: This reimbursement is for a spouse who has supported the other through advanced education and cannot be modified under any circumstances.
Courts can also order temporary support, called pendente lite alimony, while the divorce is pending.
When Exceptional Circumstances Extend Alimony
For marriages that are under 20 years old, a judge may consider going beyond the standard cap after carefully considering factors such as:
- The ages of the spouses at the time they got married and at the time the decision is being made
- The degree and length of time one spouse depended on the other financially
- Any chronic illness or other unusual health circumstances
- Whether one spouse gave up their career or supported the other’s
- If one spouse received a larger share of the property during the marriage
- How the marriage affected the ability of one spouse to become independent, such as being the primary caregiver for children
- Tax implications for either spouse
Events That Can End Alimony Early
- Retirement. Under subsection (j) of the statute, there is a rebuttable presumption that alimony ends when the paying spouse reaches full retirement age under Social Security, which is 67 for anyone born in 1960 or later. A payor who wants to retire earlier must show that the decision was made in good faith and is reasonable.
- Cohabitation. Alimony may be suspended or terminated if the recipient enters a marriage-like relationship, even if they do not live together full time.
- Remarriage. Alimony ends when the recipient remarries under N.J.S.A. 2A:34-25.
Get Clear Answers About Your Alimony Timeline
How long alimony lasts depends on a single filing date, medical condition, or clause in an old agreement. Carvajal Law is part of the North Bergen community and specializes in divorce and related issues, including alimony, custody, traditional and uncontested divorces. With over a decade of experience assisting families in Jersey City, West New York, Hoboken, Bayonne, and Newark, as well as across Hudson County, the company efficiently moves each case forward. Contact Carvajal Law today to discuss the 20-year rule in your divorce case.