Spousal support, also known as alimony, can significantly affect your long-term financial stability after a divorce, whether you are paying support or receiving it. Life rarely stays the same, so it is natural to wonder whether your spousal support order can be modified. Understanding your legal rights and options in the months and years after a divorce or separation is important in protecting yourself and your financial future. For more information and to secure the help of a skilled attorney, continue reading and speak with a knowledgeable Bergen County divorce modification lawyer today.
What is a Spousal Support Order?
Spousal support is money that one spouse pays to the other after a separation or divorce to help them maintain a reasonable standard of living. New Jersey uses several different types of alimony for different purposes. Generally, a higher-earning spouse will financially support a lower-earning spouse for a time after the divorce, or one spouse will be reimbursed for certain contributions.
When a divorce is finalized, several court orders will be created outlining each party’s rights and responsibilities after the marriage is terminated. A spousal support or alimony order will determine which spouse pays alimony, which spouse receives it, the amount, the duration of the obligation, and more.
Spousal support is determined based on a variety of factors, including the length of the marriage, the income and earning capacity of each spouse, the age and health of each spouse, contributions made to the relationship, and more. The goal of alimony is fairness, not punishment.
Can My Spousal Support Order Be Modified in NJ?
Yes, New Jersey law allows a spousal support order to be modified. However, in order for an adjustment to be approved, there must be a substantial change in circumstances that warrants a modification.
The change in circumstances must be permanent or long-lasting and substantial enough that the affected spouse can no longer live under the terms of the current alimony agreement. Examples of valid changes include a major and involuntary reduction in income, the development of a serious illness or disability, a recent inheritance, retirement, etc.
Courts look for measurable financial differences that will have long-lasting effects on the individual. Short-term changes like temporary unemployment after being laid off will not likely qualify for a modification, especially if the individual is only out of work for a few weeks.
How Can I Get My Alimony Order Changed?
You can go through the process of requesting a modification on your own, but it is often recommended to obtain the help of an experienced legal professional. To request a change to your alimony order, file a motion with the court that issued the original order. You must provide a variety of documentation, including the change you are asking for, the reason for the request, and ample evidence supporting your claim.
For more information and to obtain legal representation, reach out to a skilled attorney today.
