As life changes, there are a number of occasions when you would need to modify alimony, reduce alimony, or end alimony payments. A family law attorney can help you with this:
These occasions may include:
- Substantial involuntary decrease to your income
- Failure of a business
- Substantial increase to your spouse’s income
- Significant decrease to your overall total compensation package
- Recent retirement from your profession
- Spouse who has recently been remarried
- Major health problem that impairs earning ability
- Increases in the cost of living
- And more
These are just a few of the common changes that can affect your legal responsibilities to your ex-spouse. In these situations, you may be eligible to modify, reduce, or end your New Jersey alimony payment obligations.
Reduce Alimony: The Burden of Proof
In the State of New Jersey, if you wish to modify or reduce alimony payments, you will need to prove that you have experienced a substantial financial change in circumstances that renders you unable to continue making your alimony payments as presently required. In general, the party who wishes to modify, reduce alimony, or terminate the spousal support payments bears the burden of proof.
When seeking an alimony modification, it is essential to demonstrate that you have experienced a significant “involuntary” change in circumstances. For example—a spouse cannot “retire” early, simply to avoid ongoing alimony payments. However, the loss of a job may be a significant grounds to modify the alimony amount, especially if there is a significant health problem that prevents a supporting spouse from continuing his or her work.
Since it is usually difficult to modify or reduce alimony, you will need a skilled legal advocate on your side in order to achieve a positive result. Our attorneys understand the required burden of proof and have successfully achieved countless alimony modifications for our clients.
Terminating New Jersey Alimony Payments through Remarriage
If the spouse who is receiving alimony payments remarries, then alimony will automatically terminate. Once the supported spouse enters into a new marital partnership, the supporting spouse is no longer financially obligated to continue paying New Jersey alimony even if the alimony originally awarded was designated as permanent alimony.
If you need to discuss terminating, modifying or reducing alimony, please contact us to schedule a free initial consultation. Call today: (888) 888-0919.