Prior to 2014’s alimony reform signed into law by Governor Chris Christie, New Jersey had permanent alimony. Residents of NJ found permanent alimony to be punitive and unfair. For example, Dean Dobkin, a resident of Burlington County, had to pay his ex-wife $5,000 a month indefinitely, although she was better off financially than he was. Once the bill passed, creating open durational alimony in lieu of permanent alimony, the tables turned, creating an environment for alimony modification. But is alimony really fair? Let us discuss.
Key Takeaways
- New Jersey replaced permanent alimony with open durational alimony for marriages over 20 years, allowing for modifications under specific circumstances like retirement or cohabitation.
- Alimony depends on marriage duration, lifestyle, and income disparity. Short marriages are less likely to have alimony awarded.
- Some view alimony as fair compensation for sacrifices, while others find it burdensome, especially when recipients do not pursue financial independence or cohabit without adjustments.
- Payor spouses can modify alimony if there is a significant change in financial circumstances, retirement, cohabitation, or fraud.
Alimony and What You Should Know Before Getting Divorced
How Alimony Works in New Jersey
Alimony, also known as spousal support, is intended to help a lower-earning or non-earning spouse maintain a standard of living comparable to that during the marriage. Factors influencing alimony include:
- The duration of the marriage
- The couple’s standard of living
- Income disparities between spouses
- Contributions to the marriage, such as child-rearing or career support
In 2014, New Jersey eliminated “permanent alimony” for marriages under 20 years, replacing it with open durational alimony for longer marriages. The reform also introduced provisions for modifying alimony in cases of retirement or cohabitation by the receiving spouse. Alimony for shorter marriages is now rarer in New Jersey, although it may still be awarded based on the unique circumstances of each case.
Perspectives on Alimony
New Jersey residents have mixed feelings about alimony. Many believe alimony is essential for ensuring fairness in divorce, particularly when one spouse sacrificed a career for the marriage. For homemakers or individuals exiting long-term marriages, alimony provides financial stability and compensates for lost opportunities to build a career or savings.
One example that often comes up is in cases of domestic abuse, where one spouse has been stripped of his/her financial independence and may be unable to receive education to better his/her status while caring for children. In this case, the ex-spouse pays alimony until the abuse victim is able to recover and stand strongly on his/her own.
On the other hand, critics of alimony say that alimony can be burdensome to the spouse making the payments, especially in cases where the recipient does not make any attempts to gain financial independence. Concerns about fairness also arise when the recipient cohabitates with a new partner, yet alimony payments continue unless a legal modification is pursued. Critics also highlight inconsistencies in how courts interpret cohabitation and financial independence, leading to prolonged legal disputes.
Payor spouse frustrated with alimony obligations
Can Payor Spouses Challenge Alimony Orders in NJ?
Yes, payor spouses can challenge alimony orders in New Jersey. Since the 2014 reform, alimony may be binding but it is not permanent, meaning modifications or termination can be ordered in specific circumstances. Let us look at some scenarios where the paying spouse can seek to modify or terminate an alimony order:
1. Change in Financial Circumstances
A substantial change in the payor’s financial situation, such as job loss, income reduction, or unexpected medical expenses, may justify revisiting the alimony arrangement. Courts require evidence of the financial downturn to determine if the change warrants a modification.
2. Retirement
New Jersey’s alimony laws allow for modifications when the payor reaches full retirement age. Courts evaluate whether retirement significantly reduces the payor’s ability to meet alimony obligations while balancing the recipient’s financial needs.
3. Recipient is Cohabitating
If the alimony recipient is cohabiting with a new partner, the payor can petition the court to terminate or reduce alimony. Courts assess whether the recipient and his/her partner share financial responsibilities, which may render alimony unnecessary.
4. Fraud or Misrepresentation
If the recipient misrepresents his/her financial status or income during alimony negotiations, the payor may challenge the order by presenting evidence of fraud. For example, undisclosed income or hidden assets could lead to a reassessment.
5. Duration of Marriage
Payor spouses can argue against long-term alimony obligations for shorter marriages or cases where the recipient achieves financial independence sooner than anticipated.
Contact an NJ Divorce Attorney to Settle Your Alimony Dispute
For divorcing individuals, understanding how New Jersey’s laws apply to your unique circumstances is crucial. It is not something you should go through alone. Alimony decisions involve nuanced legal and financial considerations, making it essential to work with experienced family law attorneys.
At Ziegler Law Group, LLC, we help clients navigate alimony issues with personalized legal strategies. Whether you are seeking or contesting alimony, our team can ensure your interests are protected. Contact us today at 973-533-1100 to schedule a consultation and learn how we can help you achieve a fair outcome in your divorce case.
