Spousal support, or alimony, is a financial obligation that one spouse may owe to another after their divorce. The system is designed to help a lower-earning spouse maintain a similar standard of living to what they were used to during the marriage and ensure that the divorce does not financially devastate one spouse over the other. As time goes on, however, the spousal support order can be modified. Work with a knowledgeable Bergen County alimony lawyer for more information and skilled representation.
Can Spousal Support be Modified in NJ?
Yes, spousal support can be modified in New Jersey under certain circumstances. It is unrealistic to assume that everyone’s financial and living situation will remain the same permanently. If there has been a significant change in the circumstances of either spouse since the original alimony order was created, the support requirement could be modified.
Some common reasons for modifications include the following.
- Change in income: If the paying spouse experiences a significant decrease in income due to losing their job, getting demoted, disabilities, etc. they may request a modification to reduce or eliminate the required payments. On the other hand, if the receiving spouse experiences a significant increase in income like a new job, inheritance, etc. the paying spouse could request a modification.
- New relationship: If the spouse who receives alimony gets remarried or moves in with a new partner the paying spouse may be able to petition the court for a modification if it can be proven that this new person financially provides for the recipient.
- Health changes: If either spouse has a substantial change in their physical or mental health like an illness or disability, it may be grounds for a modification if it impacts their ability to make money.
- Retirement: Retiring is a significant life change and generally means that the paying spouse will not have as much disposable income. This could be a valid reason for the court to approve a reduction or elimination of the spousal support requirement.
If any of the above or other changes in circumstances apply to your situation you may be able to petition the court for a reduction or increase in spousal support. It is up to the court to determine if the reason for the petition is valid and whether or not to approve it.
How Can I Get Alimony Modified?
If any major changes in your life lead you to desire an increase or reduction in alimony, it is imperative that you take all required steps to get your order modified. To change your spousal support order in New Jersey, you must file a formal motion with the court. Work with your lawyer to provide ample evidence of the changes in your life that justify the modification. This can include pay stubs, bank statements, medical records, and more.
The court will review the case and may schedule a hearing to determine whether or not alimony should be adjusted. Whether you are the paying or receiving spouse it is crucial that you are well-versed on your rights and options post-divorce. Reach out to an experienced attorney today for more information and legal advice.
