If you pay or receive alimony and your financial circumstances or those of your ex-spouse have substantially changed since the original alimony order, you may wonder whether you can modify or terminate these payments. Please continue reading to learn the steps you can take if your alimony arrangement is not working for you anymore and why connecting with our determined Edison Alimony Lawyers is in your best interest.
What is Alimony?
Alimony is a court-ordered payment made by one spouse to another during or after a divorce. It’s intended to help the lower-earning spouse maintain a similar standard of living as they did during the marriage. When determining alimony, there isn’t one single formula that New Jersey courts use. There are a variety of factors that play a crucial role in shaping alimony agreements. These factors include:
- The duration of the marriage
- The marital lifestyle the couple enjoyed
- Each spouse’s contributions to the marriage
- The income and earning capacity of each spouse
- Each spouse’s educational level
- Each spouse’s employment history and future employment opportunities
- Other financial obligations, such as child support
- Any other factors deemed relevant by the court
What Constitutes “Change in Circumstances” to Modify an Alimony Obligation?
It’s important to understand that alimony is not necessarily a permanent arrangement. Understandably, life circumstances change significantly after a divorce, which prompts the need for adjustments to alimony agreements. New Jersey courts recognize various situations in which modifying or terminating alimony may be appropriate.
To modify an existing alimony order, you will need to prove that you have experienced a substantial change in financial circumstances that renders you unable to continue making your alimony payments as presently required.
If you have lost your job or suffered a substantial decrease in income, it may warrant a reduction in alimony payments. Conversely, if the reciting spouse secures a higher-paying job or receives a substantial increase in income, the paying spouse can request a reduction in alimony. Other grounds for modifying alimony agreements include retirement, serious health issues, and changes in the cost of living.
When Can Alimony Be Terminated?
In New Jersey, alimony typically ends if the receiving spouse remarries. The paying spouse must provide the court with evidence of the remarriage to have alimony terminated. In addition, if the receiving spouse begins living with a new partner, the court can consider this as grounds to modify or terminate alimony.
Alimony obligations usually cease upon the death of either party. However, if the divorce decree specifies a particular event or date for alimony to end, that condition will dictate the termination.
At Arndt, Sutak & Miceli, LLC, we are prepared to effectively represent your interests. Connect with our firm today to discuss your case.
