Primary Reasons for New Jersey Alimony Can Be Changed

A New Jersey alimony order cannot be changed or altered on a whim. With that duly noted, there are some notable situations in which an existing New Jersey alimony order can be amended by the court or even via agreement by the parties. Among the primary or most frequently occurring reasons why an alimony or spousal support order can be amended in the Garden State are:

• Significant change in employment or income
• Retirement of paying spouse
• Cohabitation of receiving spouse
• Serious illness or disability
• Significant cost if living changes
• End of child-related responsibilities
• Mutual agreement between former spouses

Significant Change in Employment of Income

One of the most commonplace reasons hy a New Jersey alimony order can be altered or amended is significant change in the employment or income of the party with the spousal support obligation. Conversely, if the receiving spouse obtains a higher paying position of employment or becomes more financially independent, an existing alimony order is subject to change.

In situations such as this, New Jersey courts generally require that the change be:

• Substantial
• Involuntary
• Ongoing

Retirement of Paying Spouse

Retirement, especially at or after reaching a customary retirement age, can be a valid reason to adjust alimony. Under New Jersey law, there is a presumption that alimony will end when the paying spouse reaches full retirement age as defined by Social Security (currently 67 for those born in 1960 or later). The recipient will have the opportunity to demonstrate that continued payments are still necessary.

Courts will consider a number of factors when faced with adjusting alimony because of retirement:

• Reason for retirement
• Paying spouse’s postretirement income
• Whether retirement was planned or forced

As an aside, voluntary early retirement may be scrutinized more closely, but a goodfaith retirement after a long work history is often a strong basis for modification.

Cohabitation of Receiving Spouse

If the spouse receiving alimony begins living with a new partner in a relationship akin to marriage, the paying spouse may seek to reduce or terminate alimony. New Jersey law recognizes that cohabitation often lessens the financial need for support. In this regard, courts examine factors that include:

• Shared household expenses
• Length of the cohabitation
• Whether the couple presents themselves as a committed partnership
• Financial interdependence

Serious Illness or Disability

A serious illness or disability can be grounds for modifying New Jersey alimony or spousal support. This can occur if either former spouse ends up with a serious illness or disability. If the paying spouse becomes disabled and unable to work, this may justify lowering or ending payments. Similarly, if the receiving spouse develops a medical condition that increases their financial needs or limits their earning capacity, that person may be able to request an increase in alimony.

Significant Cost of Living Changes

In some limited instances, major changes in the cost of living might justify an alimony obligation modification. This might include substantial inflation, skyrocketing housing costs, or other economic shifts that alter the financial needs or ability to pay.

End of Child-Related Responsibilities

If the original alimony award was structured with the assumption that the paying spouse would also be supporting minor children, the end of child support obligations might trigger a review. For example, if child support ends because the child reaches adulthood, graduates from college, or becomes financially independent, it may alter the paying spouse’s overall financial picture.

It is important to bear in mind that while child support and alimony are legally distinct, the total financial obligations of the paying spouse can influence whether an alimony modification is appropriate.

Mutual Agreement Between Former Spouses

Finally, sometimes, the easiest path to changing alimony is when both former spouses agree that a modification makes sense. For example, life changes (including a new marriage, career advancement, or a “financial windfall” like an inheritance) can prompt a mutual decision to adjust payments. In New Jersey, even when both parties agree, the new arrangement needs to be submitted to the court for approval. This ensures the modification is legally enforceable and prevents future disputes. Always remember that parties to a divorce cannot be cavalier about existing orders of the court. If you have questions concerning alimony, call the Law Offices of Peter Van Aulen at 201-845-7400 for a free consultation.