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Permanent alimony is a type of financial support that one spouse must pay the other after a divorce. This support is typically ongoing in New Jersey, like in other states, and can be modified or terminated under certain circumstances.

 

This article will go over the various ways to modify and terminate permanent alimony payments.

Grounds for Terminating Permanent Alimony

In New Jersey, several factors can influence the termination of permanent alimony. Let’s explore some of the most common grounds:

Remarriage of Ex-Spouse

Generally, if your ex-spouse remarries, alimony payments may be terminated. However, there are exceptions to this rule. For instance, if the new marriage is characterized by:

• Abuse: If the new spouse is abusive toward the ex-spouse or their children, alimony may continue.
• Financial instability: Alimony may continue if the new spouse is financially unstable or unable to provide adequate support.

Cohabitation of Ex-Spouse

Cohabitation, which involves living together in a romantic relationship, can also be a factor in modifying or terminating alimony. The courts will consider the nature and duration of the cohabitation arrangement to determine whether it is substantial and permanent. Factors considered include:

• Duration of the relationship: The time the ex-spouse has been cohabitating.
• Exclusivity of the relationship: Whether the ex-spouse is in an exclusive relationship.
• Shared living expenses: Whether the ex-spouse shares living expenses with their partner.
• Public representation of the relationship: Whether the ex-spouse presents themselves as a couple in public.

Death of Ex-Spouse

Alimony payments typically terminate upon either party’s death. However, there are situations where they may continue, such as if the ex-spouse had a life insurance policy that designated the alimony recipient as a beneficiary.

Disability of Ex-Spouse

If your ex-spouse becomes disabled, it may be grounds for modifying or terminating alimony. The court will assess the extent of the disability and its impact on the ex-spouse’s ability to earn income. Social Security disability determinations can be relevant in these cases.

Job Loss or Financial Hardship of Ex-Spouse

If your ex-spouse experiences a job loss or faces severe financial hardship, it may be possible to modify or terminate alimony. The court will consider whether the hardship is involuntary or long-term. Factors considered include:

• Nature of the job loss: Whether the job loss was due to circumstances beyond the ex-spouse’s control.
• Efforts to find new employment: Whether the ex-spouse has made reasonable efforts to find new employment.
• Duration of the hardship: Whether the hardship is temporary or long-term.

Retirement of Ex-Spouse

Retirement can affect alimony payments. If your ex-spouse retires, the court may reduce or terminate alimony, especially if they have sufficient retirement income. However, the court will also consider factors such as the ex-spouse’s age, health, and ability to find alternative employment.

Financial Independence of Ex-Spouse

If your ex-spouse becomes financially independent and can adequately support themselves without alimony, the court may terminate the payments. Financial independence is determined by considering factors such as:

• Income: The ex-spouse’s earnings from employment, investments, or other sources.
• Assets: The ex-spouse’s property, savings, and other financial resources.
• Expenses: The ex-spouse’s living expenses, including housing, food, transportation, and healthcare.

Modification of Alimony

While termination is often the desired outcome, it’s important to note that alimony modifications may be sought in certain circumstances. When considering modifying alimony, the court will typically evaluate factors such as:

• Change in circumstances: A significant change in the financial circumstances of either party, such as a job loss, promotion, or inheritance.
• Substantial change in needs: A substantial change in the needs of either party, such as a new child or a medical condition.
• Compliance with alimony obligations: The ex-spouse’s compliance with their alimony obligations.

Legal Considerations

It’s crucial to consult with an experienced attorney when seeking to modify or terminate alimony. An attorney can guide you through the legal process, gather evidence, and represent your interests in court.

The process of modifying or terminating alimony can be complex, and there may be challenges involved. Some potential challenges include:

• Gathering evidence: Proving a significant change in circumstances or needs can require gathering financial records, medical documentation, or other evidence.
• Negotiations: The opposing party may resist modification or termination, leading to negotiations or potentially lengthy legal proceedings.
• Court hearings: If negotiations fail, the matter may need to be resolved through a court hearing.
• Appeals: In some cases, the trial court’s decision may be appealed.

By working with a good attorney, you can increase your chances of successfully modifying or terminating alimony.