The New Jersey family court may rule on an alimony order that it believes fair for both the paying and receiving spouses. Namely, the court may factor in the receiving spouse’s ability to support themselves, the paying spouse’s ability to maintain their established lifestyle, and more to total a final calculation. While this calculation may be relevant to both spouses’ lives in the immediate aftermath of their divorce, it may not relate to their lives in the years following. That is, unexpected financial circumstances beyond their reasonable controls may disrupt this established alimony payment schedule. This may leave you to wonder if this constitutes a post-judgment modification. Well, continue reading to learn whether alimony can be modified in the future and how an experienced Bergen County alimony attorney at McNerney & McAuliffe can help you take the steps towards doing so.
How can alimony be modified in the future?
If you are the paying spouse, you may get your alimony order modified if you experience a significant change in financial circumstances that makes it difficult to fulfill your standing payment schedule. Importantly, this change in circumstances must have been involuntary, arguably unwanted, and overall beyond your authority. More specific examples of such changes read as follows:
- You recently got laid off from your job, but are actively searching for new opportunities.
- You recently reached full retirement age (i.e., 67 years) and wish to resign from your current job post.
- You recently received a serious medical diagnosis, which hinders your ability to maintain gainful employment.
On the other hand, as the paying spouse, you may also get your alimony order modified if you find that the receiving spouse has experienced a positive change in their financial situation. Relevant examples are as follows:
- The receiving spouse has recently gotten remarried and now has intermingled finances.
- The receiving spouse has recently moved in with a life partner and now shares living expenses.
- The receiving spouse has recently received a promotion and now earns more wages than you do.
What steps do I need to take to modify my alimony order?
You cannot simply take it upon yourself to change your established alimony payment schedule when you see fit. Rather, you must formally petition for a post-judgment alimony modification with the New Jersey family court. Here, you may have a burden of proof in showing the change in financial circumstances as your reality; further, as something out of your control. Such proof may include your most recent pay stubs, a notice of termination from your employer, a doctor’s note from your treating physician, and anything else pertinent to your point.
Contact a skilled Bergen County family law attorney to gain the emotional and legal support you require during this pivotal time. Our team at McNerney & McAuliffe looks forward to helping you.
