Is it Possible to Modify an Alimony Order in New Jersey?
Alimony is an important part of divorce law, ensuring that neither spouse is unfairly disadvantaged by the termination of the marriage. However, these support orders are created based on each party’s situation at the time of the divorce. As months and years pass, the original order may no longer be effective or reasonable. In this case, it is possible to modify an alimony order. To learn more about this process and your legal options, continue reading and speak with an experienced Morristown alimony attorney today.
What is Alimony in New Jersey?
Alimony, or spousal support, is a court-ordered financial obligation that is often issued at the time of a separation or divorce. One spouse may be required to pay support to the other for a variety of reasons. The several types of alimony recognized under NJ law include:
- Open durational: Can be awarded in marriages that last at least 20 years and provides indefinite support for a spouse who likely will never be financially independent
- Limited duration: Support with a set end date and cannot be longer than the length of the marriage, designed to help the spouse become self-supporting
- Rehabilitative: Temporary support awarded to allow the spouse to get an education, training, or work experience
- Reimbursement: One-time payment or for a limited period, and compensates a spouse for financial or other contributions made to the other spouse’s education or career advancement
The amount and duration of each type of alimony will be determined by the court based on the specific circumstances of the relationship and the financial abilities and needs of each party.
Is it Possible to Modify an Alimony Order in NJ?
Yes, in New Jersey, an alimony order can be modified. However, the party requesting the adjustment must be able to prove a substantial change in circumstances that warrants a modification.
Courts require that changes be significant, ongoing, and unanticipated at the time that the original order was issued. Examples of valid reasons a court would approve a modification include:
- The development of a major health issue or disability
- An involuntary and major reduction in income
- Retirement
- Remarriage or cohabitation of the receiving spouse
- Major increases in the receiving spouse’s income
A judge will not alter the terms of a spousal support order on a whim; there must be compelling evidence of a substantial and material change in circumstances that warrants an adjustment. Temporary, voluntary, or minor changes generally do not qualify for modification. For example, the paying spouse being laid off for a few weeks will likely not count as a significant change that requires a reduction in spousal support.
Understanding your legal rights and how you can request a modification is crucial in protecting yourself and your financial interests. Reach out to a skilled attorney for more information today.
