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 as the financial needs and circumstances of each spouse change. As such, the courts allow alimony to be modified, so long as it can be proven that a substantial change in circumstances has impacted their ability to pay or need to receive payments. Work with a knowledgeable Bergen County alimony lawyer for more information and skilled representation.

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Can Spousal Support be Modified in New Jersey?

Yes, spousal support can be modified in New Jersey under certain circumstances. For an alimony order to be altered, the party seeking the change must show that a substantial change in circumstances has occurred. It is important to understand that the court will not alter an alimony payment without material changes that impact the ability to pay or the need to receive alimony.

When Can Alimony be Modified?

In New Jersey, the courts require a change in circumstances to be significant, ongoing, and not present at the time of the original divorce judgment. Proving these matters lies with the party seeking the modification.

  • Involuntary loss of income
  • Long-term disability or chronic illness
  • Cohabitation or remarriage of the recipient spouse
  • Substantial increase in the recipient spouse’s financial independence
  • Good-faith retirement at an appropriate age

What Is a Substantial Change in Circumstances?

When determining whether or not to modify an existing alimony order, the court will examine if the change is material, long-lasting, and how it impacts the overall fairness of the current order. In general, normal financial fluctuations are not enough to warrant a change in spousal support.

Income Reduction

  • Involuntary job loss
  • Business failure
  • Long-term disability impacting ability to obtain full-time employment
  • Industry-wide downturn impacting earning capacity

Increase in the Recipient’s Income

  • New full-time employment
  • Significant increase in wages
  • Large inheritance
  • New financial contributions from a cohabitating partner

Cohabitation or Remarriage

  • Remarriage generally results in the termination of alimony payments
  • Cohabitation can reduce or terminate spousal support if:
    • The new partner makes financial contributions
    • There are shared expenses
    • The couple has intertwined finances
    • The relationship resembles a marriage arrangement

Health Changes

  • One party is diagnosed with a chronic injury or illness that impacts the ability to earn income
  • Mental health conditions impact the ability to work
  • Medical documentation supports reduced earning capacity

Retirement

  • Retirement at “full retirement age” in accordance with Social Security Guidelines
  • Retirement in good faith
  • Evidence of reduced post-retirement income

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.

What Circumstances Do NOT Usually Warrant Modification?

As mentioned, a change in circumstances must be significant to justify the modification or termination of alimony payments in New Jersey. As such, there are a number of common financial changes that may occur that do not meet the legal threshold required to change alimony payments.

Short-Term or Minor Changes

  • Temporary unemployment
  • Brief medical leave
  • Small fluctuations in income
  • Short-term reduction overtime

The courts generally deny changes in alimony that are expected to quickly resolve themselves.

How Do You Request a Spousal Support Modification in New Jersey?

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.

Step-by-Step Alimony Modification Process

In Bergen County and throughout New Jersey, alimony modifications are filed with the Superior Court, Family Division, in the county where the original order was issued

  • File a formal petition to modify an existing court order
  • Include a Case Information Statement (CIS)
  • Attach financial documentation and proof of changed circumstances, including:
    • Recent pay stubs
    • Retirement documentation
    • Medical records
    • Bank statements
    • Proof of efforts in job searching
  • Serve your ex-spouse
  • Attend any scheduled hearings
  • Comply with the final orders of the court

How Do New Jersey Courts Decide Whether to Approve a Modification?

As mentioned, not all changes in finances warrant a post-judgment modification to current spousal support orders. The courts will evaluate these matters in accordance with statutory guidelines under N.J.S.A 2A:34-23 to ensure the matter is fair for both parties.

Key Factors Courts Consider

  • The length of the marriage
  • The age and health of each party
  • The earning capacity of each spouse
  • Whether or not the party seeking the modification does so in good faith
  • If the change was foreseeable at the time of the divorce.

Contact an Experienced New Jersey Alimony Attorney Today

Whether you are the paying or receiving spouse in Bergen County or anywhere in New Jersey, it is crucial that you are well-versed on your rights and options post-divorce. At Feitlin, Youngman, Karas & Gerson, LLC, our firm understands how complicated these matters can be, which is why we are dedicated to helping you fight for the best possible outcome. Contact an experienced attorney today for more information and legal advice.