Mount Laurel Alimony Lawyers
Learn More About Recent Changes in New Jersey's Alimony Laws
In the past, New Jersey law regarding alimony or spousal support has been fairly tough on payers. On September 10th, 2014, a new law was signed that changes how alimony is applied in New Jersey divorces, how long it is paid, and how payments may be affected by the payer's retirement.
At FUHRMAN & EDELMAN, our divorce attorneys have stayed up to date on these changes and how judges are applying them in court. They have practiced in Mount Laurel and the surrounding areas in Burlington County since 1986. They understand not only how this new change in the law can affect you but also how judges in local courts are most likely to apply it. Our law firm helps people on both sides of the alimony debate address their concerns in and out of court.
Call (856) 288-2772 for a free consultation with our Mount Laurel spousal support attorneys!
Why Is Alimony No Longer Permanent in NJ?
The effects of this legal change can affect you differently depending on where you are in the divorce process. Under New Jersey's new alimony law, instead of paying permanent alimony, meaning pretty much for life, a payer now pays "durational alimony." If you are going through your divorce right now, spousal support payments will be applied under the new law. This means that for any marriage that was shorter than 20 years, the payments may not last longer than the length of the marriage unless the judge decides there are special circumstances.
Below are some circumstances the judge may consider when determining alimony:
- Health of the recipient
- Whether one person gave up a lucrative career as part of the marriage
- The ability of the recipient to support him or herself
Can I Modify My Current Alimony Payments Under the New Law?
If you are already divorced, the new law only allows the payer to request a modification of court orders in certain scenarios.
Those who divorced prior to the new law can request a modification:
- Once he or she retires - If living off of his or her retirement income will result in a substantial change in circumstances, and if there are no provisions in the divorce decree that already address this.
- If they have been unemployed for 90 days or longer.
In the past, retirees have had difficulty modifying spousal support payments regardless of their circumstances. The payer is also required to prove that this change will be "substantial and continuing," not just temporary.
All of these changes are subject to the judge's discretion. Each case is unique and a judge may decide not to grant a change or to use an exception to allow what amounts to permanent alimony. Our Mount Laurel divorce lawyers will discuss all of your options and advise you on your best course of action, whether you are the payer or the recipient.
Let us help you determine how these legal changes apply to you! Call us at (856) 288-2772 or send us an email to discuss your legal issue.