You’re divorced and have been paying or receiving alimony for a while. Things were fine until something changed. Maybe you lost your job, had a health problem, or your ex-spouse started making more money.
Now the sum fixed for your divorce doesn’t seem to work.
The good news is that if your situation has changed, you may be able to seek an alimony modification in New Jersey. But the court won’t adjust your payments just because you’re having trouble with money. You will have to show what has changed and why the existing sum is no longer fair.
Understanding Alimony Modification in New Jersey
New Jersey law allows courts to change certain alimony orders after divorce. However, there must be a good reason for the change.
Let’s say you were earning $90,000 a year when your divorce became final. A few years later, your company shuts down, and you lose that income. You may have grounds to ask for lower payments.
The same applies to someone receiving alimony. If their financial needs change, they may also have a reason to seek more support.
Still, the court looks at the full picture. A little pay cut or a few weeks off work may not be enough. The court’s allowance of revisions may also be influenced by your initial divorce agreement.
How Alimony Types Affect Modification
Before you ask for a change, you need to know what type of alimony your divorce order includes. New Jersey recognizes four main types, and each has different rules.
- Open Durational Alimony: This has no specific termination date. The court may make such a change where there is a valid change of circumstances.
- Limited Duration Alimony: This is for a specified period of time. The sum can vary, but to extend the time needs unique circumstances under New Jersey law.
- Rehabilitative alimony: This is support that helps a spouse get the education or training necessary to support him or her. If circumstances change, or the expected results do not occur, the court can change it.
- Reimbursement Alimony: Covers specific financial contributions made by a spouse throughout the marriage. This kind is not subject to change under the laws of New Jersey.
So, the type of alimony you receive or pay can make a difference in your case.
Common Grounds for Alimony Modification in NJ
There are several grounds for alimony modification in NJ. Some are about the loss of income, others about changes in health or personal circumstances.
Loss of employment or income
Losing your employment can make it harder to meet your monthly alimony payments. But it concerns why the job was lost.
If your company has laid you off, you may have a legitimate reason to request a change. The judge will probably want to see what you have done to obtain another job.
But jumping ship from a well-paying job is another thing. The court can also look at the income that you potentially make depending on your experience and skill set.
Keep track of your job applications, wages, and any severance pay you receive.
Severe Illness or Disability
Health difficulties might affect your income and expenses.
You might have to cut back on hours or take a break from work for a spell. You may also have medical costs you didn’t have before.
The court may evaluate your alimony if these developments affect your need for support or your ability to pay.
The medical records, bills, and other papers that demonstrate your status has altered are needed.
Retirement and Alimony
Retirement is another common reason people seek changes to alimony.
New Jersey law generally presumes that alimony ends when the paying spouse reaches full retirement age. However, the spouse receiving support can challenge that presumption.
If you want to retire early, things are less straightforward.
The judge might take into account your age, income, health, and reasons for leaving work. Your ex-spouse’s financial requirements count, too.
So, don’t assume that retiring means you can stop paying alimony right away.
Significant Changes in Income
Sometimes, the change happens on the other side.
Your former spouse may return to work after years away or start earning much more than before. That could change how much help they require.
In some circumstances, the paying spouse’s salary may have increased substantially.
But better pay does not necessarily guarantee a shift in court payments. The initial agreement still matters. The finances of both sides still matter.
The Impact of Remarriage and Cohabitation
A new relationship can impact alimony. The rules differ if you’re dating, living together, or married.
In most cases, alimony ends when the spouse receiving it remarries.
Cohabitation is more complicated. In general, it is a close, supportive partnership with some of the characteristics of marriage.
You can find that your ex-spouse and their new partner share expenses, household duties, and financial responsibilities.
The court may take into account:
- Joint bank accounts or household expenditures.
- How long the relationship has been going on.
- How much time the couple spends together.
- Whether they do housework together.
- How friends and family see their relationship.
They don’t have to live in the same home every day. However, dating someone alone isn’t enough to end alimony.
Alimony Modification NJ Requirements
The alimony modification NJ requirements focus on whether a substantial change has taken place.
One important New Jersey case is Lepis v. Lepis. It assists courts in determining when a current support order should be reviewed.
Before you can provide adequate evidence to back up your request. This is referred to as a prima facie case.
You need to demonstrate to the court why your alimony should be changed.
The judge may next ask for more financial documents from you and your ex-spouse. These may be salary slips, monthly bills or information of other revenue.
The court will review the records and determine if your payments should be modified or remain as they are.
Steps to Modify Alimony in NJ After Divorce
If you want to know how to modify alimony in NJ, you should start by reviewing your existing divorce order. From there, you must gather proof and make a formal request.
Review Your Divorce Decree
Think about the amount you’re paying or receiving and how long the payments are likely to last.
Also see if there are any restrictions in your divorce agreement on future adjustments. In some agreements, it is difficult to change the terms.
Gather Financial Documents
Then and today, you’ll need paperwork to show the difference in your finances.
Samples are:
- Recent pay stubs and tax returns.
- Layoff letters or evidence of reduction in hours.
- Bank statements and other proofs of income.
- Doctor’s expenses and doctor’s reports.
- Current and Former Case Information Statements.
These records help the judge understand what has changed since your divorce.
File a Motion With the Court
If you and your ex-spouse cannot agree, you will often have to file a motion with the Family Part of the Superior Court.
Your motion describes what happened and what change you are asking for.
Your ex-husband can answer. The court may then request additional records or hold a hearing.
Until then, your normal payment terms will not be changed until the court makes a new order.
Can You Change Alimony Without a Hearing?
Yes. If both former spouses agree, they may be able to avoid a contested hearing.
Suppose you lose your job and ask to lower your payments. Your former spouse understands the situation and agrees to a new amount.
You can put such stipulations in writing and submit a consent order for approval by the court.
Maybe this is a better approach to change alimony after divorce in NJ, especially if both parties wish to avoid a battle.
But don’t rely on a verbal contract. The original court order can still be enforced until the court approves the change.
When The Alimony Payments Become Unaffordable
If you’re having trouble paying alimony, not paying it will just make things worse.
Missed payments may add up, and your former spouse can ask the court to enforce the order.
New Jersey has special rules for people who lose their jobs through no choice of their own. For certain employees, the law requires a 90-day waiting period before filing for a reduction.
The court may allow relief from an earlier date in some cases.
If you can no longer afford your payments, get legal advice before making changes on your own.
Get Legal Help With Your Alimony Order
Your income and expenses may be very different from when you got divorced. You might be having difficulty paying alimony or be concerned about losing the support you rely on.
Whatever your case, it’s worth knowing what New Jersey law allows before you decide.
The Law Office of Jennifer J. McCaskill, LLC helps clients with alimony disputes and post-divorce support modifications. We may evaluate your divorce order, talk to you about your position, and help you figure out what to do next.
Schedule a Free Consultation With Our Monmouth County Family Law Team
Call 732-647-9256 to request your free case evaluation.