Can Alimony Get Denied in New Jersey?

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If you have been ordered to child support payments in your divorce settlement, you likely do not want to have an alimony order as well. With this, you may be wondering if alimony can get denied in the state of New Jersey. Read on to discover how an alimony order is determined and how one of the seasoned Hudson County alimony attorneys at Greenberg & Walden, LLC can help you through this.

Is it possible for alimony to be denied in the state of New Jersey?

New Jersey law no longer calls for permanent alimony. However, this is not to say that alimony will be denied entirely in your divorce settlement. Even if you cite fault grounds and blame your spouse, the New Jersey family court may still order you to make alimony payments.

With that being said, you may be ordered to any one of the following, or a combination of the following, types of alimony:

  • Open durational alimony: this is relevant if you and your spouse were married for at least 20 years and your spouse is financially dependent on you. This alimony lasts for an indefinite amount of time or until your spouse becomes financially independent.
  • Limited durational alimony: this is relevant if you and your spouse were married for a short term. This alimony comes with a set duration and a set amount.
  • Rehabilitative alimony: this is relevant if your spouse deferred their career goals or left the workforce to support your children or otherwise. This short-term alimony helps your spouse further their education so that they can become financially independent.
  • Reimbursement alimony: this is relevant if your spouse requires support for their education or training for work. This alimony will allow you to be reimbursed for your payments.

How can I modify or terminate my alimony order?

Well after your divorce is settled, you or your former spouse may have undergone significant life changes. With this, your alimony order may not necessarily be the best fit anymore. In this case, you may file a petition with the New Jersey family court for a post-judgment modification.

You may be eligible to file this petition if any one of the following, or a combination of the following, circumstances apply to you:

  • You have recently lost your job.
  • Your former spouse is now remarried.
  • Your former spouse is now cohabitating with their new partner.
  • Your former spouse has reached full retirement age and is eligible to receive full Social Security benefits.

If you need help with determining how to go about this, retain the services of one of the competent Hudson County family law attorneys. We look forward to working with you.

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