What If I Can’t Afford My New Jersey Alimony Anymore?

Finalizing a divorce can bring a sense of closure, but if your New Jersey alimony payments become unaffordable, the stress can quickly return. While court may be the last place you want to be, addressing alimony concerns legally is essential to avoid penalties or back payments.

If you’re struggling with alimony obligations, our experienced family law attorneys are here to help. We’ve assisted clients throughout New Jersey, including in Middlesex, Monmouth, Somerset, Hunterdon, Union, and Essex Counties, in navigating alimony modifications. Life is unpredictable, and your financial situation can change in ways you couldn’t have anticipated.

What You Need to Know About Alimony in New Jersey

Alimony, also called spousal support or maintenance, is a court-ordered payment made to an ex-spouse after divorce. Temporary alimony, or pendente lite alimony, may also be awarded during the divorce process.

While historically alimony was awarded primarily to women, modern rulings are gender-neutral. With more women becoming primary earners, alimony can now be awarded to either spouse when justified.

Key Points About Alimony in New Jersey:

• 2014 Alimony Reform: Permanent alimony is no longer the standard. Instead, alimony duration is often capped at half the length of the marriage unless special circumstances apply, such as long-term marriages (20+ years).
• Court Discretion: Family courts have significant leeway in deciding whether alimony is awarded, the amount, and the duration. Decisions are based on statutory factors, including:
  • Length of the marriage.
  • The financial need of one spouse and the other’s ability to pay.
  • Age and health of both parties.
  • Contributions to the marriage, including career sacrifices or caregiving.

In some cases, factors such as infidelity may also influence alimony if it impacted the couple’s financial status or was deemed egregious.

When Does Alimony End in New Jersey?

Alimony typically ends or is reduced under specific circumstances:

1. Reaching the Duration Limit: Limited duration or rehabilitative alimony ends after a set period, designed to help the recipient achieve financial independence.
2. Retirement: Open durational alimony, common in long-term marriages, may end when the payor reaches full retirement age. However, termination depends on factors like the recipient’s financial reliance and health.
3. Cohabitation or Remarriage: If the recipient begins a long-term, supportive relationship or marries someone else, alimony may be terminated. Recent rulings, such as the 2023 Cardali v. Cardali case, have lowered evidentiary requirements for proving cohabitation, making it easier for payors to pursue termination.

Seeking an Alimony Modification

If none of the standard termination scenarios apply, but you experience a substantial and permanent change in financial circumstances, you can request an alimony modification. Common reasons include:

• Involuntary Job Loss: Losing a job through no fault of your own may qualify, but the loss must be permanent, substantial, and sustained (usually 6–18 months).
• Injury or Disability: If you’re unable to work due to a medical condition, the court may adjust your alimony obligation.
• New Financial Obligations: Additional responsibilities, such as supporting a child from a new relationship, may impact your ability to pay alimony.
• Recipient’s Increased Income: If the alimony recipient experiences a significant increase in earnings, this may justify a modification.

Why You Shouldn’t Stop Paying

Even if your ex agrees to reduce or waive alimony informally, this agreement won’t hold up in court. If payments stop without legal modification, you could be held responsible for unpaid amounts, including interest. The only way to secure a reduced payment is by obtaining court approval.

How We Can Help

If you’re facing difficulties meeting your alimony obligations, our skilled attorneys can help you navigate the process of alimony modification or termination. We’ll advocate for your financial interests while ensuring compliance with New Jersey’s alimony laws.

Contact Us Today

To learn more about your options for alimony modification, contact our Middlesex and Monmouth County family law attorneys today. Call (732) 810-0034 to schedule a consultation and protect your financial future.