Alimony payments do not always have to remain fixed after a divorce. Life changes, and when it does, you may be able to modify alimony. In New Jersey, courts allow individuals to seek a modification when a significant change in circumstances has occurred. A significant change means more than a minor adjustment in income or expenses. It usually involves a long-term or permanent shift, such as job loss, illness, or retirement. Whether you are paying or receiving support, understanding how to change alimony payments can help you stay on top of your legal obligations following divorce.
Weiner Law Group has served New Jersey family law clients since 1988. Whether through negotiation, litigation, or settlement, our attorneys go above and beyond to protect your rights. With decades of experience, Weiner Law Group guides clients through alimony and every aspect of family law.
How Alimony Works in New Jersey
Alimony, or spousal support, is a payment made by one spouse to the other during or after divorce. These payments help a lower-earning spouse maintain financial stability and, ideally, become self-supporting over time.
Alimony Factors
When deciding whether to award alimony in New Jersey, courts consider specific factors, including:
- Length of the marriage;
- Standard of living during the marriage;
- Income, earning ability, and financial resources of both parties;
- Age and health of both parties;
- Ability to pay;
- Parental responsibilities and child custody arrangements;
- Contributions each spouse made to the marriage, including homemaking and career sacrifices;
- The need for education or training to gain employment; andÂ
- Any other relevant factors that affect fairness, such as unusual medical needs or agreements made during the marriage.
Courts aim to balance financial support with independence when determining payment amounts.
Alimony Orders
Courts typically set an end date on alimony payments and award permanent alimony only in rare circumstances, such as:
- Long marriages where one spouse has little chance of becoming self-supporting;
- Spouses with serious illness or disability that prevents them from working; or
- The older age of the receiving spouse makes employment unlikely.
Most orders focus on providing support for a defined period while the receiving spouse works toward financial independence.
Reasons Alimony Can Be Changed
Courts base alimony on the circumstances at the time of divorce. However, you can request that New Jersey courts modify alimony if a substantial change in circumstances has occurred since the original order.
Some reasons alimony can be changed include, for example:
- Loss of your job or a significant reduction in income that lasts for a prolonged period, usually six months or more;
- Retirement at an age that aligns with Social Security eligibility or industry norms;
- Increase in the recipient’s income or ability to be self-supporting;
- Serious illness or disability that affects earning capacity;
- Remarriage or cohabitation of the recipient with another adult in a marriage-like relationship; or
- Changes in the cost of living or financial obligations make the prior order unworkable.
The change must remain permanent or long-term, not temporary. You also cannot generally benefit from a change in circumstances you cause. For example, if you quit your job to avoid paying alimony, a judge is unlikely to consider that decision to justify a change to an alimony order.
How a Judge Can Modify Alimony Payments
When you ask a judge to modify alimony, the judge reviews the evidence you provide them to decide whether the change in circumstances is substantial enough to justify modifying your court order. Depending on the facts, the judge may:
- Lower the amount of alimony if the paying spouse cannot continue at the prior level;
- Increase the amount if the receiving spouse faces greater financial need and the paying spouse can afford more;
- Terminate alimony if circumstances show continued payments are no longer fair, such as when the recipient remarries or becomes fully self-supporting; or
- Temporarily suspend payments in limited situations, such as when a paying spouse is unemployed but actively seeking work.
The judge does not make these changes lightly. The court focuses on ensuring that any adjustment preserves fairness while respecting the financial realities of both parties.
What Happens After a Judge Modifies Alimony
Once a judge modifies alimony, the new order becomes legally binding. The change takes effect on the date specified in the court’s ruling. From that point forward:
- The paying spouse must comply with the new amount, duration, or terms set by the court;
- The receiving spouse has the right to enforce the modified order if payments stop;
- Either spouse may return to court in the future if another substantial change in circumstances occurs; and
- Both parties must adjust their financial planning to reflect the new obligations or rights.
A modified alimony order has the same force of law as the original order.
How to Change Alimony Payments
If you want to modify alimony, you usually begin by filing a formal written request with the court that issued your divorce order. With your motion, you offer evidence of a substantial change in circumstances.
The legal process for alimony modification typically involves:
- Filing a motion with the court requesting modification, explaining what and why;
- Providing financial documentation of the reasons for the request, such as tax returns, pay stubs, bank statements, or medical records supporting your claim;
- Allowing the other party to respond and provide their own evidence;
- Attending a hearing where a judge reviews both sides; and
- Receiving a decision from the court.
Judges have wide discretion, meaning they have broad authority to make decisions based on the evidence and arguments presented.
Protecting Your Rights with Weiner Law Group
If you want to pursue a change in alimony, we recommend working with an experienced and knowledgeable legal team. At Weiner Law Group, we bring decades of experience helping New Jersey clients navigate divorce, support, and modification issues. Our attorneys work closely with you to understand your circumstances, develop a strategy, and present the strongest possible case to the court. No case is too big or too small, and every client receives dedicated service. Our goal is always to secure practical and lasting solutions.
To learn more about how to change alimony payments or to discuss your specific situation, contact Weiner Law Group today by calling us at 973-403-1100.