After costly and emotionally draining divorce proceedings, many divorce litigants suffer economic hardship, resulting in their alimony order being too much to bear or not enough to provide a sustainable living. However, there are ways to modify or even terminate your current alimony order in New Jersey.
Our Middlesex County divorce lawyers at Rozin | Golinder Law can thoroughly review your living and financial situation to determine all of your legal options in order to obtain a modified order that fulfills your specific needs. Do not hesitate to make the change necessary to improve your life after divorce.
Justifications for Modifying Alimony
It is common for former spouses to experience a significant change of their financial circumstances after divorce. For example, a spouse who pays alimony may lose their job, the spouse who receives alimony begins earning more than the paying spouse, or receiving spouse gets remarried. Other major events which are considered substantial changes in circumstance include disability, illness, cohabitation with another individual, loss of a home, involuntary loss of employment, or an increase in the cost of living. If you experience such a change of circumstances, you may ask an attorney to file a motion for modification or termination of alimony.
The court generally looks at the following:
- The dependent spouse’s needs
- The dependent spouse’s ability to contribute to the fulfillment of his/her own needs
- The supporting spouse’s ability to maintain the dependent spouse at the former standard (marital standard of living)
The party seeking modification must fully disclose their financial status such as tax returns, paystubs, and an updated Case Information Statement before the other spouse's financial status becomes an issue. They must also provide the Case Information Statement that was filed by them during the divorce proceeding.
Discuss Your Legal Options Today
If you want to request an alimony modification, termination of your alimony, or if you are attempting to prevent your ex-spouse from modifying or terminating the alimony you receive in family court, our attorneys are ready to offer experienced advice and counsel.
Contact our firm and schedule a free consultation immediately to discuss your situation and the applicable case law that may support your position.