Call Today for Your FREE Initial Consultation LOCAL 973-975-0476 i TOLL FREE 866-959-9455
  • Townsend, Tamaio & Newmark, LLC
Part of the Solution, Not Part of the Problem Part of the Solution, Not Part of the Problem

No Automatic "Retirement" from Alimony Payments

While many people believe that an alimony obligation will automatically terminate once the paying spouse retires, this is not always the case in New Jersey. Retirement can certainly amount to a change of circumstances which would warrant a review of the alimony arrangements in a case. However, the right to review does not mean that the Court will terminate or even modify the obligation. The only way to ensure that alimony will be terminated upon retirement is to include language in a Settlement Agreement that clearly defines retirement as a termination event.

Special attention should be paid in circumstances when the paying spouse seeking to modify the alimony obligation has retired early. A Judge may determine that the paying spouse chose to retire early and therefore the retirement does not constitute "good cause" for terminating alimony. However, even early retirement may be justifiable if the paying spouse can show that the advantages of his/her early retirement substantially outweigh the disadvantages to the supported spouse in reduction of his/her support payments.

Whether or not a paying spouse is retiring early or at normal retirement age, it is advisable to consult an experienced family law attorney prior to filing a motion for modification or termination with the Court. Additionally, it is advisable to discuss the issue of retirement and the impact on alimony prior to finalizing a divorce so as to avoid unnecessary post-judgment litigation.  Posted by Robyn E. Ross, Esq.

No Comments

Leave a comment
Comment Information

Contact Us Today

Please contact us today for a free consultation at 973-975-0476 or fill out the information below.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Two Convenient Office Locations

Townsend, Tomaio & Newmark, L.L.C.
65 Madison Avenue, Suite 420
Morristown,, NJ 07960

Phone: 973-975-0476
Toll Free: 866-959-9455
Fax: 973-539-4151

Morristown Law Office Map

morristown map image

411 Hackensack Avenue, Suite 200
Hackensack, NJ 07601

Phone: 201-285-5985

Hackensack Law Office Map

hackensack map image


About Townsend, Tomaio & Newmark, L.L.C. – Morristown NJ

http://www.ttnlaw.com/ 973-975-0476 At Townsend, Tomaio & Newmark, L.L.C. in Morristown, NJ we handle various family law and divorce matters, including child custody, child support, visitation, alimony, paternity, and grandparent rights. Call today.

Why Retain a Certified
Matrimonial Law Attorney?
new jersey supreme court Find Out More Today

Please contact us today for a free consultation at

Pay Online

For your convenience, this office has the capacity of processing payments on accounts through PayPal for all major credit cards. If you would prefer to make a remittance by this method, please follow the link below and complete the authorization form.

FindLaw Network
Garden State Woman | Information and Resources for NJ Women News 12 | New Jersey Super Lawyers