By: James McGlew II, Esq.
This September will mark two years since the New Jersey Legislature made sweeping revisions to the state’s alimony statutes. The legislature amended the alimony statutes in order to address several pressing issues including:
• Making it easier to reduce alimony payments when a former spouse loses their employment
• Imposing new restrictions on individuals who cohabit with another while receiving alimony from their former spouse
• The removal of the term “permanent” from all new alimony awards
• The terms and conditions upon which someone can reasonably retire and how such a life event will affect their obligation to pay alimony or their right to receive it.
As is often the case regarding the interpretation of alimony statutes, courts are required to consider numerous case specific factors. This is especially true when the court is asked to modify existing alimony awards. In a situation where a former spouse who is obligated to pay alimony decides to retire, the court must consider and determine an appropriate age of retirement. The court will examine whether or not there are any facts which would make retirement prior to age 65 an acceptable reason for the court to modify the award.
Another byproduct of alimony reform is that the term “permanent alimony” is no longer permitted by statute. In its’ place, for long term marriages, the court uses the term “open durational alimony” which eliminates the inference that alimony payments will be made in perpetuity. Perhaps more importantly, in cases where parties have been married for less than 20 years, the length of the alimony obligation cannot exceed the length of the marriage unless a judge decides there are “exceptional circumstances.”
As it relates to situations where a former spouse who receives alimony and is cohabiting with a “significant other”, the court can modify any existing alimony obligations. Previously, former spouses could avoid being found to cohabit with another by each party having a separate residence or each party receiving their mail at that residence. Now, the court examines the overall nature of the relationship, intertwined finances, joint responsibility for expenses, sharing household chores and other related factors to determine if, and to what extent, there is cohabitation. If the court determines that there is cohabitation, it can reduce or eliminate alimony obligations.
These are only a few of the examples of how the revisions to the alimony statutes have had an effect on people’s lives and financial obligations. Many individuals are examining these amendments to the statute in resolving their pending alimony issue or re-examining an existing court-ordered obligation to pay alimony based upon a change in their circumstances.
The Family Law Department at Lindabury has decades of experience representing clients who seek to have aspects of their divorce agreement modified so their obligations can be brought in line with their current circumstances. Most commonly these post– judgement modifications address changes to, or termination of support, changes in child custody and timesharing agreements, or the payment of a child’s college education expenses. We provide a full range of divorce and family law services and are easily accessible from our Westfield, New Jersey office. Call today to schedule a consultation with James McGlew at (908) 897-0055.
