New Jersey courts can award four types of alimony: open durational, limited duration, rehabilitative and reimbursement. For a marriage or civil union of less than 20 years, the total length of alimony can't exceed the length of the marriage except in exceptional circumstances, and there's a rebuttable presumption that alimony ends when the payer reaches full retirement age.
Those rules came from the 2014 alimony law, passed by the Senate and General Assembly, P.L.2014, c.42, approved on September 10, 2014, which amended N.J.S.2A:34-23. It replaced the old idea of permanent alimony with open durational alimony and added rules on retirement and cohabitation that still apply. Checked in October 2026.
This is a plain-English summary of what the statute says, checked in October 2026. It isn't legal advice, and a family lawyer or your county court's self-help center can tell you how it applies to your case.
The four types of alimony in New Jersey
| Type | What it's for | Modification rule in the act |
|---|---|---|
| Open durational | Support without a fixed end date, the type that replaced permanent alimony | No special limit set in the act |
| Limited duration | Support for a set term | The amount can change; the length only in unusual circumstances |
| Rehabilitative | Support tied to a plan showing the scope of rehabilitation, the steps and the time frame | Yes, on changed circumstances or if what was expected doesn't happen |
| Reimbursement | Paying back a spouse who supported the other through an advanced education | No, never modified for any reason |
The court can award one type or combine them. Whatever it picks, it has to make specific findings on the evidence about every statutory factor, so the written decision should show how each one was weighed.
The 20 year rule
Here's the rule that sets the outer limit. For any marriage or civil union of less than 20 years, the total duration of alimony shall not, except in exceptional circumstances, exceed the length of the marriage or civil union. So an eight year marriage normally means no more than eight years of alimony in total, counting every type awarded.
For marriages of 20 years or more, that cap doesn't apply, and open durational alimony is available. The amount and length are still set by weighing the statutory factors, which include the actual need and ability of the parties to pay, the duration of the marriage, the age and physical and emotional health of the parties, the impact of the marriage on either party's ability to become self-supporting, tax considerations, and any other factor the court deems relevant.
Retirement: the full retirement age presumption
The 2014 law created a clear starting point. There's a rebuttable presumption that alimony ends when the paying spouse reaches full retirement age, which the act ties to the age at which a person can collect full Social Security retirement benefits. Arrears that built up before the end date don't disappear.
- The presumption can be overcome. The court looks at factors such as the ages of the parties, the duration or amount of alimony already paid, health, assets, sources of income and whether the recipient was able to save for retirement.
- Retiring early is harder. A payer who wants to retire before full retirement age has to show, by a preponderance of the evidence, that the retirement is reasonable and made in good faith.
- Older orders are covered too. For orders or agreements made before the act took effect, reaching full retirement age is deemed a good faith retirement age when the payer applies to modify or end alimony.
Retirement can change a payer's withholding as well. This guide to the W-4 form covers how to update it.
Cohabitation: you don't have to live together full time
Alimony may be suspended or terminated if the recipient cohabits with another person. The act defines cohabitation as a mutually supportive, intimate personal relationship in which a couple has taken on duties and privileges commonly associated with marriage or civil union, and it says the couple doesn't necessarily have to keep a single common household.
The court looks at intertwined finances such as joint bank accounts, sharing living expenses and household chores, recognition of the relationship in the couple's social and family circle, living together, how often they're in contact and how long the relationship has lasted, and whether the recipient has an enforceable promise of support from the new partner. The key line: a court may not find there's no cohabitation solely because the couple doesn't live together full time.
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Taxes
For federal tax, the IRS says alimony under a divorce or separation agreement executed after 2018 isn't deductible by the payer or income for the recipient, while older agreements keep the old treatment unless a modification adopts the new rule. Recipients under older agreements who still report alimony as income may need to plan for estimated tax payments.
Verdict
New Jersey alimony is more predictable than it was before 2014. If your marriage is under 20 years, the length of the marriage is your outer limit. If you're paying, full retirement age is your likely end point, but it's a presumption, not a guarantee. And if you're receiving alimony, know that a serious relationship can affect it even if you never move in together.
Frequently asked questions
How long does alimony last in New Jersey?
For a marriage or civil union under 20 years, total alimony can't exceed the length of the marriage except in exceptional circumstances. For 20 years or more, open durational alimony without a set end date is possible.
Is there permanent alimony in New Jersey?
Not by that name. The 2014 law, P.L.2014, c.42, replaced it with open durational alimony, alongside limited duration, rehabilitative and reimbursement alimony.
Does alimony end at retirement in New Jersey?
There's a rebuttable presumption that it ends when the payer reaches full retirement age. The court can set a different date for good cause, and early retirement must be shown to be reasonable and in good faith.
Does cohabitation end alimony in New Jersey?
It can suspend or end it. Cohabitation means a mutually supportive, intimate relationship with marriage-like duties, and a court can't rule it out just because the couple doesn't live together full time.
Can reimbursement alimony be modified in New Jersey?
No. The statute says an award of reimbursement alimony shall not be modified for any reason.
