Grounds to Modify Alimony

If you are heading towards a divorce, or if you’ve concluded a marriage dissolution case, you may find yourself with some questions about the process and your rights (at least from time to time). For example, you may wonder what are the grounds to modify alimony in New Jersey? Whether legally sufficient grounds exist to modify alimony in the Garden State is something that is considered and ascertained on a case-by-case basis. With that understood up front, we present some of the most commonplace reasons why a modification of alimony may be proper or permissible in a particular case.:

• Substantial change of circumstances
• Increase of decrease in income
• Loss of employment or career disruption
• Retirement of the alimony payor
• Illness, disability, or medical hardship
• Cohabitation of the alimony recipient
• Remarriage of the alimony recipient
• Cost of living and financial shifts
• Good faith and equitable considerations

Substantial Change in Circumstances

The foundational standard for modifying alimony in a New Jersey divorce case is what legally is known as a substantial change in circumstances. In New Jersey, family courts will not adjust support simply because one party is dissatisfied with the original order. In order for a change to win court approval, that change must be deemed:

• Significant
• Ongoing
• Not anticipated at the time of divorce

Once such a significant or substantial change is demonstrated to exist, a family court may then reassess the alimony award.

Increase or Decrease in Income

A notable increase or decrease in either party’s income may for a basis for alimony modification. This can include:

• Promotions
• Job losses
• Salary reductions
• Substantial bonuses

Keep in mind that when considering income issues such as these, New Jersey courts look closely at whether the change is voluntary or involuntary. An alimony payer who intentionally reduces income may be denied requested relief to reduce alimony. On the other hand, an involuntary job loss or industry downturn may support modification of an existing spousal maintenance order in New Jersey.

Loss of Employment or Career Disruption

Job loss alone does not automatically result in reduced New Jersey alimony. A court must evaluate a number of factors on a case-by-case basis:

• Reason for termination
• Efforts to find new employment
• Payer’s earning capacity

Temporary unemployment may lead to a short-term adjustment. Long-term career disruption can justify a more permanent modification of alimony in the Garden State.

Retirement of the Alimony Payor

New Jersey law recognizes retirement as a specific ground for modifying or terminating alimony. Courts do distinguish between full retirement age versus early retirement. Judges also consider the age of the retiree, financial impact on both parties, and whether retirement is reasonable and made in good faith.

Illness, Disability, or Medical Hardship

A serious illness or disability affecting either party can support a request to modify alimony in New Jersey. In such a situation, courts examine a variety of items that include:

• Medical documentation
• Prognosis
• Financial consequences of the condition
• Increased medical expenses
• Reduced earning capacity are key considerations

Cohabitation of the Alimony Recipient

If a New Jersey alimony recipient enters into a cohabiting relationship, alimony may be reduced, suspended, or terminated. Cohabitation does not require remarriage. The legal reality is that courts evaluate shared finances, living arrangements, and interdependence. The focus is on whether the new relationship reduces the recipient’s financial need.

Remarriage of the Alimony Recipient

Remarriage of the recipient typically results in termination of alimony pursuant to New Jersey law. Moreover, when alimony is tied to child-related expenses, emancipation of a child may justify reassessing alimony obligations.

Cost of Living and Financial Shifts

Changes in the cost of living, inflation, or housing expenses may provide sufficient grounds to modify alimony. Courts consider whether the original alimony award still meets its purpose. Specifically, a court will contemplate whether maintaining a reasonably comparable standard of living post-divorce necessitates ongoing alimony.

Good Faith and Equitable Considerations

Finally, when it comes to grounds to modify alimony, New Jersey courts weigh equity and good faith. A party seeking modification must demonstrate such things as honesty, transparency, and compliance with prior court orders. Attempts to manipulate finances, conceal income, or avoid obligations often undermine modification requests, regardless of other factors.

If you have any questions or are in need of legal assistance, you can schedule a no cost, no obligation initial consultation by calling the Law Offices of Peter Van Aulen at 201-845-7400.