Like many states, New Jersey allows something called “permanent alimony,” also known as “open durational alimony.” This is the financial support that one spouse pays to the other after a divorce to help them maintain their lifestyle.
Even though it’s called permanent, it doesn’t mean it’s set forever. The amount or terms can be changed if things like income or life circumstances change.
You could face several penalties for failing to pay alimony in New Jersey.
When deciding to award permanent alimony, the court looks at several important things. First, they consider how long you were married. Then, they look at the age and health of both you and your spouse, how much you both earn, and what kind of lifestyle you were used to during the marriage.
The idea is to make sure the spouse receiving alimony can maintain the same standard of living they had while married.
Even though it’s called permanent alimony, it can be modified if one spouse undergoes a major change, like retirement or losing a job. So, it’s flexible, but it’s meant to provide long-term support.
There are several grounds and requirements for modification or termination of permanent alimony in New Jersey.
Firstly, there must be a significant change in circumstances for one party. This is known as a "change in circumstances" or "changed circumstances."
If one party remarries or lives with someone else, retires, has a health change, or the needs of children change, there is a likelihood that the permanent alimony will be modified.
Some of the modifications that the judge may make to permanent alimony include:
Reduction or increase in the amount of alimony that is paid
Change in the duration in which the alimony is paid
Changing the permanent alimony to another type of alimony like reimbursement or rehabilitative alimony
Permanent alimonies in New Jersey can be terminated based on New Jersey's 2014 Alimony Reform Act. Retirement, cohabitation with a new partner, remarriage, or death can lead to automatic termination of the permanent alimony.
The courts usually consider the length of time since the divorce was finalized and what the party's financial circumstances are. If the need for support has reduced, the court may terminate the alimony, but before doing so, the initial alimony agreement terms are carefully scrutinized.
The 2014 act introduced open durational alimony and clarified the procedures for modifying and terminating permanent alimony. The 2019 amendments expanded provisions related to retirement and further clarified the definition of cohabitation, which courts now rely on.
If you’re looking to modify or terminate alimony, here’s what you need to do:
File a motion with the court. This is the first step to officially start the process.
Gather supporting documents. You’ll need things like financial records and proof of any change in circumstances, such as a new job or loss of income.
Attend the hearings. This is your chance to present your argument and explain your situation.
Be present during court reviews and decisions. Stay involved until the court makes its final decision.
There must be a drastic change in the circumstances of one person before a permanent alimony is terminated or modified. Before this can happen, the judge carefully considers the change in circumstances to ensure that laws are strictly followed.
So, stay informed on the grounds and requirements for these alimony modifications. Don’t forget to get in touch with an experienced lawyer to deal with complications involved.
