The Law Office of Matthew B. Lun, Esq. represents clients across New Jersey seeking to modify alimony, as well as those opposing a request for modification.
Overview of Alimony Modification in New Jersey
Under N.J.S.A. 2A:34-23, alimony orders “may be revised and altered by the court from time to time as circumstances may require.” In other words, an alimony obligation is not necessarily permanent in amount. When a significant change occurs after a divorce, either the paying spouse or the receiving spouse may ask the court to increase, decrease, suspend, or terminate alimony.
The Changed Circumstances Standard
The leading case on modification is Lepis v. Lepis, 83 N.J. 139 (1980). Under Lepis, the party seeking modification has the burden of showing “changed circumstances” that warrant relief. If that party makes a prima facie showing, the court may order an exchange of financial information and, where there are genuine factual disputes, a plenary hearing.
Not every change will qualify. The change must be substantial and continuing; temporary circumstances are generally an insufficient basis for modification. Innes v. Innes, 117 N.J. 496 (1990).
Common Reasons to Seek Modification
- Loss of employment or reduced income — an involuntary job loss or a significant, lasting decrease in income.
- Increase in income — a substantial increase in the paying spouse’s income, or in the recipient’s income.
- Illness or disability — a health condition that affects a party’s ability to earn income or increases a party’s needs.
- Cohabitation — the recipient’s cohabitation in a relationship akin to marriage. Learn more about cohabitation.
- Retirement — governed by specific statutory rules. Learn more about retirement and alimony.
Job Loss and Reduced Income
The 2014 amendments to the alimony statute added specific rules for applications based on a loss or reduction of income. For a party who is not self-employed, an application may not be filed until the party has been unemployed, or unable to return to or attain employment at prior income levels, for at least 90 days. The court will then consider factors under N.J.S.A. 2A:34-23(k), including the reasons for the loss of income, the party’s documented efforts to find replacement employment, the parties’ health and ages, any severance or other compensation received, and the impact of the change on both parties. The court may also enter a temporary modification while a party continues to look for work. Self-employed parties are subject to separate considerations under N.J.S.A. 2A:34-23(l).
The Effect of Your Agreement
Many alimony obligations arise from a negotiated Marital Settlement Agreement. Some agreements anticipate future events, define what will — or will not — qualify as a change in circumstances, or limit the ability to seek modification. The terms of your agreement can significantly affect whether, and how, alimony may be modified.
Qualified Legal Representation
Alimony modification motions require careful preparation, including an updated Case Information Statement and supporting documentation. The Law Office of Matthew B. Lun, Esq. can evaluate whether your circumstances warrant modification and effectively advocate on your behalf. Contact us at 609-964-0900 for more information or for a consultation.
Some modification disputes can be resolved without a motion. Mediation gives both parties a structured way to negotiate a revised support arrangement. Learn more about alimony mediation in New Jersey.