Can Spousal Support Be Modified in New Jersey?

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As life changes, it may become necessary to modify the amount of spousal support you are obligated to pay. Spousal support, or alimony, is a financial obligation that helps the lower-earning spouse maintain the lifestyle they were accustomed to during the marriage following a divorce. If you have faced a drastic change in circumstances, please continue reading to learn how to request a modification of alimony in New Jersey and why connecting with a trusted Ocean County Alimony Attorney is in your best interest. 

When Can Spousal Support Be Modified in New Jersey?

If you wish to modify an alimony arrangement, you will need to prove that you have experienced a substantial change in circumstances that renders you unable to fulfill your obligation as presently required. Generally, the party who wishes to modify, reduce, or terminate a spousal support agreement bears the burden of proof. This means they must demonstrate that either the paying or receiving spouse has experienced a significant involuntary change in financial circumstances. For instance, a spouse cannot simply enter retirement early to avoid their spousal support obligation. However, it’s important to note that without the same amount of income, it’s possible to request a decrease or termination of alimony payments based on retirement.

The most common reason individuals seek to modify spousal payments is because they have suffered a drastic change in their financial circumstances. If you have lost your job or have faced a demotion, which has resulting a decrease in your income, it can impact your ability to pay. As such, the court may decrease the amount of alimony that is paid to reflect your current circumstances. If you are the receiving spouse and you see a decrease in salary or the paying spouse receives a significant raise or bonus, the court may decide to increase the amount of spousal support paid.

Furthermore, if a spouse decides to remarry and their new partner can financially support them, the court can grant a decrease or even terminate an existing spousal support obligation. This is because the spouse no longer requires this type of financial support to maintain their lifestyle. If a spouse suffers a new disability or serious illness, which causes them to no longer make any or as much income as they previously did, they can request an increase or decrease in spousal support. This is because they may need to redirect their funds to support their recovery.

Should I Consult an Attorney?

If you wish to request a modification of spousal support payments, you must first retain the legal services of an experienced attorney as it can be difficult to achieve a favorable outcome. They will assist you in filing a petition with the court and gathering the necessary evidence to support your claim. At The Law Office of Sarina Gianna, LLC, we are prepared to help you navigate this legal process and discuss your legal options.