Alimony Termination Lawyers Wayne NJ
Seasoned Family Lawyers Assisting with the Process to Terminate Alimony in New Jersey
When a couple gets divorced in New Jersey, one spouse is often required to pay their ex financial support and maintenance. The purpose of alimony, or spousal support, is to help one spouse financially, after – or even during – a divorce to maintain the standard of living that they enjoyed during the marriage. Alimony is a legal obligation that a spouse is required to pay for a short- or long-term, depending on the circumstances of the couple at the time of the divorce. If you are legally obliged to pay spousal support, and your financial circumstances have changed, contact a member of our team to let us help you request a change or termination to your New Jersey alimony requirement.
The Montanari Law Group can assist if you need assistance with alimony termination concerns in New Milford, Ringwood, Totowa, Prospect Park, West Orange, Hawthorne, or the larger Passaic County area. Our Little Falls office is fully equipped to offer the direction and help you require, and our knowledgeable attorneys have advised and negotiated on behalf of several clients in this area. To arrange a consultation and go through your issue, call 973-233-4396. Our legal team is devoted to protecting your rights and obtaining an appropriate result.
Four Main Considerations for Alimony Termination in New Jersey
There are four primary circumstances for which alimony can be terminated in New Jersey.
The first is an involuntary decrease in the earnings of the supporting spouse. Such an argument for reducing or terminating alimony must be backed up by solid evidence, as the supporting spouse has the burden of proof in this scenario. Evidence must show that earnings or earning potential have been severely reduced due to job loss, an injury that renders them incapable of working, or another situation. If the supporting spouse takes a job at a significantly lower pay rate, the court must find that such a shift was reasonable given the circumstances or a difficult job market. Simply changing jobs to one below a professional’s capable pay grade or otherwise voluntarily leaving one’s field will likely not be found to be a reason to reduce alimony, and spousal support based on the prior salary may be ruled to continue.
Another reason for terminating or reducing alimony in New Jersey is in the case that the supporting spouse retires. In most cases, alimony obligations will cease if they retire at or above the age of 65. There are, however, certain circumstances in which payments are determined to continue beyond retirement. It is also less likely that the court will rule in favor of terminating alimony if the supporting spouse retires early.
A supporting spouse can also request alimony termination if they can prove that the dependent spouse is cohabitating with another person. Cohabitating, in this case, means combining finances and otherwise living as a married couple would without the legal union. Finally, if the dependent spouse does legally marry, alimony obligations will cease to exist on the date of the wedding.
The Role of Cohabitation or Remarriage in Ending Alimony
Cohabitating and remarrying are both circumstances for which alimony obligations can be terminated. In the case of cohabitation, the supporting spouse has the burden of proving that the dependent spouse is living with a new partner and likely sharing finances. This can happen through hiring a private investigator, conducting online searches, or contracting the support of a family law attorney to utilize their expert guidance in gathering evidence. When a spouse remarries, on the other hand, alimony obligations legally end on the date of marriage, without question.
Alimony Termination Based on Significant Change in Circumstances
Alimony can be reduced or terminated on the grounds of significant changes in circumstances. For example, if the dependent spouse receives a significant pay raise, the supporting spouse can request a reduction or termination of alimony. If the supporting spouse involuntarily loses their job or takes a significant pay reduction for a period of at least 90 days, they can apply for reduced alimony obligation. They carry the burden of proof and must show evidence that their negative change of circumstances is long-lasting and resulted from job loss or another significant barrier to income earning, such as long-term injury, as well as show that they put in a good faith effort to find a similarly-paying job and were unable if you can show that your negative change in circumstances rendered payment of alimony impossible, you may be awarded a reduction or termination.
Our Experienced Attorneys can Assist with the Process to Terminate Alimony in Passaic County, NJ
A family law alimony attorney at The Montanari Law Group can help you request termination of the alimony obligation. To file the request, you and your attorney will submit a motion asking the court to change the divorce order or terminate the alimony obligation. This will initiate a process in which you will be required to provide evidence to back up your request. Based on the circumstances behind your request, various evidence and information may be required, including income statements, job search documentation, or evidence of a dependent spouse’s cohabitation, remarriage, or significant increase in income. Our team is prepared to help you develop the strongest case for termination of your alimony obligation, having successfully argued on behalf of hundreds in Montclair, Haledon, Clifton, Woodland Park, Wayne, Paterson, and towns throughout Passaic County, and Northern New Jersey. Contact us today for a free and confidential consultation to get started on your alimony termination motion by calling 973-233-4396 for a free consultation.
