Modifying Alimony in New Jersey: What You Need to Know

Alimony, also known as spousal support, is a financial obligation one spouse may owe toward the other following a divorce. In New Jersey, alimony is not requested or granted in every divorce, and even when alimony is awarded, alimony orders are not set in stone and can be modified under certain circumstances. Read on for a discussion of the types of conditions that might warrant changing an alimony award and the legal process for doing so. If you or your ex are seeking to modify alimony in Union, Essex, or Middlesex County, contact the Law Offices of John B. D’Alessandro for advice and representation from a skilled and knowledgeable Union family law attorney.

Legal Grounds for Modification

Under New Jersey law, an alimony order can be modified if there is a “substantial change in circumstances.” This means that the change must be significant enough to warrant a reassessment of the alimony arrangement. Some common scenarios that may constitute a substantial change in circumstances include:

1. Income Changes: A significant increase or decrease in either party’s income can be grounds for modifying alimony. This could be due to a job loss, a new higher-paying job, or retirement.

2. Cohabitation: If the supported spouse begins cohabitating with a new partner, this may reduce their need for financial support, potentially leading to a reduction or termination of alimony.

3. Changes in Needs: If there are significant changes in the financial needs of the supported spouse, such as increased medical expenses or a change in living costs, this may justify an alimony modification.

4. Changes in Health: A serious illness or disability affecting either party’s ability to earn income or requiring increased medical expenses can also be a reason for modifying alimony.

The Legal Process for Modification

To modify an alimony order in New Jersey, the party seeking the change must file a motion with the court. The motion should detail the substantial change in circumstances and explain why a modification of alimony is necessary. The following steps are typically involved in the legal process:

1. Filing a Motion: The party seeking the modification must file a motion with the court that issued the original alimony order. This motion should include all relevant evidence supporting the request for a change.

2. Serving the Motion: The motion must be served on the other party, giving them an opportunity to respond. The other party can either agree to the proposed changes, negotiate a settlement, or oppose the motion.

3. Court Hearing: If the parties cannot agree on the modification, a court hearing will be scheduled. Both parties will have the opportunity to present evidence and argue their case before a judge.

4. Judge’s Decision: The judge will consider all the evidence and arguments presented and decide whether to grant the modification. If the judge finds that there has been a substantial change in circumstances, the alimony order may be modified accordingly.

Contact the Law Offices of John B. D’Alessandro for Help With Alimony Modifications in Union, New Jersey

Modifying alimony in New Jersey requires a clear understanding of the applicable legal criteria and a well-prepared case. If you believe you have grounds for modifying your alimony arrangement, or if your ex is proposing a change that you oppose, it’s crucial to seek legal advice from an experienced family law attorney. The Law Offices of John B. D’Alessandro in Union, New Jersey, can provide practical guidance and strategic representation to help you navigate the complexities of alimony modification. Call us today at 908-964-0102 to discuss your case and explore your options for achieving a fair and just outcome.