Morristown Spousal Support Attorneys

• Length of absence from the job market. The judge will assess how long a dependent spouse remained out of the workforce and the difficulty they face in re-entering it.
• Parental responsibilities. The judge will consider how caring for children limits a parent's ability to maintain full-time employment or advance their career.
• Time and expense for rehabilitation. The court will evaluate the time and cost required for a dependent spouse to acquire the training or education necessary to become self-supporting.
• Contributions to the marriage. The court values non-financial contributions, such as homemaking and child-rearing, alongside financial support and career sacrifices.
• Equitable distribution. The judge will review how the division of assets and debts impacts the overall financial picture and immediate need for cash flow.
• Investment income. The court will look at income generated from assets like stocks, bonds, or rental properties available to either party.
• Tax consequences. The court will analyze how current tax laws affect the net value of the alimony payments for both the payor and the recipient.
• Pendente lite support. The judge will review any temporary support payments one spouse made to the other during the divorce process.
• Other relevant factors. The court retains discretion to consider any other financial or equitable circumstances that influence a fair outcome.

Based on these factors, a judge may choose to award one or a combination of the following types of alimony:

• Open durational alimony. This generally applies only to marriages lasting 20 years or longer. It has no fixed end date but generally carries a presumption of termination when the payor reaches retirement age.
• Limited duration alimony. For marriages shorter than 20 years, the law generally caps the length of alimony at the amount of time the receiving spouse reasonably needs to become financially independent.
• Rehabilitative alimony. This provides short-term support designed to cover tuition or training to help a spouse re-enter the workforce, especially when that spouse paused their career to raise children or support their partner’s business. 
• Reimbursement alimony. This type of spousal support is rare and only awarded in highly specific scenarios. It is usually designed to repay a spouse who supported the other through education or career training but divorced before reaping the financial benefits of that education.

While the judge has the authority to decide these issues, many New Jersey divorces settle out of court. However, our attorneys at Foster & Burke still use these statutory factors as leverage during negotiations. For example, we might argue that a parent’s sacrifice of a career to raise children justifies a longer duration, or that the other party's high earning capacity justifies a higher monthly amount. After carefully evaluating your specific circumstances, we can walk you through what to expect and potential outcomes. 

When Can I Modify a Spousal Support Order in New Jersey?

A spousal support order that was fair at the time of your divorce may become unworkable five, ten, or even fifteen years later. In New Jersey, alimony orders are never truly set in stone unless the parties specifically agreed to a non-modifiable "anti-Lepis" clause in their original settlement.

For all other cases, the legal standard for modification is a significant change of circumstances. To succeed in changing an order, the moving party must prove that a significant, non-temporary change has occurred that alters the financial status of either party. We represent clients on both sides of this motion: those seeking relief from a now-unreasonable obligation, and those fighting to maintain the support they rely on.

If you are the supporting spouse, you cannot simply stop paying or request a change to your alimony obligations because you feel the amount is unfair. You must be able to demonstrate a change in circumstances that justifies ending spousal support earlier or paying a lower amount than the existing order mandates.

New Jersey courts generally consider the following as valid grounds for a reduction or termination of alimony:

• Involuntary loss of income. If you lose your job or your business fails through no fault of your own, you may be eligible for a modification. However, the court will expect to see proof that you have made a diligent, good-faith effort to find new employment at a comparable salary. A temporary lull in income is usually not sufficient. The change must be ongoing.
• Retirement. Under the 2014 Alimony Reform Act, there is a “rebuttable presumption” that alimony should end once the payor reaches full retirement age (currently between 66 and 67 for Social Security purposes, depending on when you were born). If you retire early, the court will almost certainly scrutinize your decision to confirm it was not done solely to avoid your support obligation.
• Remarriage of the recipient. If your ex-spouse remarries, you can likely move to terminate alimony payments.
• Cohabitation of the recipient. If your ex-spouse moves in with a new partner, you may be able to suspend or terminate alimony. Crucially, "cohabitation" in New Jersey does not require them to live together 24/7. We may be able to argue that cohabitation exists based on intertwined finances, shared household chores, and the public recognition of their relationship.
• Illness or disability. If a serious health condition prevents you from working, the court may temporarily or permanently reduce your obligation.

While less common than reduction motions, it is possible for a dependent spouse to petition the court for an increase in support. Keep in mind that New Jersey law generally caps alimony at the marital standard of living. This means that even if your ex-spouse’s income skyrockets post-divorce, you are not automatically entitled to a share of that new wealth unless you can prove you are unable to maintain the lifestyle you enjoyed during the marriage.

Some of the most common grounds for seeking an increase typically include:

• Unexpected loss of income. You may be able to petition for an increase if you lose your job or suffer a significant reduction in earnings through no fault of your own. The court will examine whether this loss of income makes it impossible for you to maintain the marital standard of living using the original alimony amount combined with current earnings.
• Unanticipated health costs. You may be able to request an increase if you develop a chronic illness or disability after the divorce that drastically increases your living expenses. The court requires proof that these new medical costs have eliminated your ability to supplement your alimony with your own earnings.
• Inadequate original support. We may argue for an increase if the original alimony award was set artificially low because your ex-spouse was temporarily unemployed or in financial distress at the time of the divorce. If they have now recovered their earning capacity, you can seek to raise the payments to the level originally required to meet the marital standard of living.

Our attorneys can help you seek and navigate post-judgment alimony orders with clarity and confidence. Call (973) 381-2720 or contact us online to schedule a time to discuss your options today.