Can you now alter permanent alimony in NJ?

Permanent alimony, also known as permanent spousal support, is a legal obligation that requires one spouse to provide financial support to the other after a divorce. In New Jersey, this arrangement is typically made when the court determines that the recipient spouse lacks the means to support themselves. However, the question arises: can you now alter permanent alimony in NJ? The answer is yes, under certain circumstances, permanent alimony can be modified or terminated.

Understanding the Conditions for Modifying Permanent Alimony

In New Jersey, there are specific conditions under which a party can seek to modify or terminate permanent alimony. These conditions include:

1. A substantial change in circumstances: If there is a significant change in either party’s financial situation, such as a job loss, retirement, or a substantial increase in income, the paying spouse may file a motion to modify the alimony award.

2. Cohabitation: If the recipient spouse cohabitates with another person, the paying spouse may file a motion to terminate or reduce the alimony amount. Cohabitation is defined as living together on a romantic or intimate basis, and the court will consider the nature and duration of the relationship when making a decision.

3. Remarriage: If the recipient spouse remarries, the paying spouse may file a motion to terminate the alimony obligation. However, remarriage does not necessarily terminate alimony if the remarriage is deemed to be a sham or if the remarried spouse is unable to support themselves.

4. Death of either party: The death of either the paying or receiving spouse will automatically terminate the alimony obligation.

How to Modify Permanent Alimony in NJ

If a party wishes to modify permanent alimony in New Jersey, they must file a motion with the court. The motion should include evidence of the substantial change in circumstances that justifies the modification. The court will then review the evidence and determine whether to grant the modification.

It is important to note that modifying permanent alimony is not an easy process. The court will consider various factors, such as the length of the marriage, the standard of living during the marriage, and the earning capacity of both parties. Additionally, the court will look at the financial needs of the recipient spouse and whether they have made reasonable efforts to become self-supporting.

Seeking Legal Advice

Modifying permanent alimony in New Jersey can be complex, and it is crucial to seek legal advice from an experienced family law attorney. An attorney can help you understand the process, gather the necessary evidence, and present your case to the court effectively.

In conclusion, while permanent alimony in New Jersey is generally considered a permanent obligation, it can be modified or terminated under certain circumstances. If you are considering modifying your alimony arrangement, it is essential to consult with a knowledgeable attorney to ensure your rights are protected.