It is unrealistic to assume that each party’s financial circumstances will remain the same after a divorce. That is why New Jersey law allows alimony orders to be modified, given that there is a valid reason for the adjustment. If you have questions about the process and requirements expected of you, continue reading and reach out to a skilled Morris County, NJ alimony modification attorney today.
What is an Alimony Order?
Alimony, or spousal support, is a court-ordered payment one spouse makes to the other after a divorce. When the divorce decree is finalized, it can include a spousal support order outlining which spouse is required to pay alimony, the amount, and the duration of the obligation.
New Jersey recognizes several types of alimony that serve different purposes:
- Open duration: Typically awarded for long-term marriages lasting 20 years or longer to spouses who will probably never become financially independent
- Limited duration: Awarded in marriages that lasted less than 20 years to help a dependent spouse become independent
- Rehabilitative: Rehabilitative alimony helps a spouse remain financially stable while working toward independence through schooling or training
- Reimbursement: This type of alimony compensates one spouse for contributions they made to the relationship or the other spouse
Alimony is an important part of divorce law and ensures that neither spouse is significantly disadvantaged by the termination of the marriage.
Can Alimony Orders Be Modified After Divorce in NJ?
Yes, alimony orders can be changed even after a divorce is finalized in New Jersey. However, there must be a material change in circumstances that renders the previous agreement unfair or unmanageable. For example, if either spouse experiences the following, it could result in a modification of the spousal support order.
- Involuntary and significant reduction in income
- Receiving a substantial inheritance
- The development of a serious medical condition or disability
- The receiving spouse remarrying or cohabitating with a new partner
- Retirement
The above and more could be considered substantial changes, and a court could approve a modification to account for the new circumstances.
How Do I Request a Modification of Alimony in NJ?
To request a modification of alimony in New Jersey, it is highly recommended that you first obtain the help of a skilled lawyer. Family law can be complex, and a modification request requires a variety of paperwork and evidence.
File a motion for a change of your spousal support order with the same court that issued the original order. Include your reasons for the request and evidence supporting your claim. You must include the filing fee and all required documentation. Your former spouse will have the opportunity to respond, and a hearing may be scheduled where the court will gather all relevant information before making a decision.
Reach out to a skilled lawyer for more information and legal advice today.
