Permanent alimony (or open-durational alimony) in New Jersey is a form of financial support paid by one spouse to the other after a divorce is finalized. Divorced couples who had been married for at least 20 years may be required to permanent alimony. As the name suggests, permanent alimony has no scheduled end date, and those who are subject to it can continue making alimony payments until they retire.
In New Jersey, alimony is generally either paid through monthly payments or a lump-sum payment when the divorce is finalized. If you were ordered to pay permanent alimony in New Jersey, it is fair to wonder if you can modify or terminate permanent alimony.
What Is Permanent Alimony, And When Do New Jersey Courts Award It?
Alimony, also known as spousal support, is a court-ordered payment from one spouse to another after a marriage ends. The chief purpose of alimony is to achieve fairness for the individual facing decreased financial resources after divorce.
Factors a New Jersey court will review when setting alimony can include:
- The length of the marriage
- The income of both parties
- The needs of an individual seeking alimony
- The financial assets and resources of both parties
- The abilities of both parties to work and draw income
- The length of time an individual has been out of the workforce
- The education levels of both parties
- The assets and resources being divided as part of the divorce
- The standard of living for both parties during the marriage.
An alimony award to one spouse aims to maintain the standard of living for an individual with lower income and assets. Alimony awards can be temporary or permanent, depending on the circumstances and the length of marriage.
New Jersey courts only order permanent alimony in unique situations where fairness requires it. Generally, a marriage must have lasted at least 20 years for permanent alimony to be awarded. Even then, the court will review other factors in setting an alimony award.
Can Permanent Alimony Be Modified Or Terminated In New Jersey?
If you were ordered to pay permanent alimony in Monmouth County, New Jersey, your payments will not have a specific end date. However, you can file to modify or terminate permanent alimony in New Jersey under certain circumstances.
Qualifying situations involving your ex-spouse can include:
- Your ex-spouse has remarried.
- Your ex-spouse has moved in with a long-term romantic partner.
- Your ex-spouse has become financially independent.
- Your ex-spouse has died.
Qualifying situations involving your own circumstances can include:
- You can no longer work due to a disability (particularly if you are determined to be disabled by Social Security).
- You permanently lost your job for reasons out of your control.
- You experienced a severe financial crisis with long-term effects on your financial stability.
- You reached full retirement age (usually around age 67).
If you think you might be entitled to modify or terminate alimony, you should talk to an experienced Monmouth County Spousal Support Attorney first. Simply withholding payments because you think you can will only cause problems. Penalties for failing to pay alimony can be serious and even lead to jail time.
Instead, take the proper steps and notify the court of your request. A family law attorney with knowledge of New Jersey’s spousal support laws will be able to file a motion on your behalf, and argue your case in court. In some cases, an agreement can even be reached to modify permanent alimony without need for a court hearing.
You Can Get Help With Your Alimony Agreement
If you are under an order to pay permanent alimony to your former spouse, you might have the option to modify or terminate alimony. Certain facts and circumstances must exist for you to do so. Contact a Monmouth alimony attorney today.
Contact an Experienced Monmouth County Divorce Attorney at The Law Office of Jennifer J. McCaskill, LLC for Legal Advice
To learn more and get the help you deserve, call our divorce & family law firm in Red Bank. NJ at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.
