Alimony and Spousal Support Category Archives — New Jersey Divorce Lawyer Blog Published by New Jersey Divorce Attorney

New Jersey Appeals Court Denies Termination of Alimony Payments

May 17, 2022 | by Jeffrey R. Brown

After a divorce, individuals may get into new relationships. This can affect many aspects of their life, including, who they spend time the majority of their time with and even their financial situation. In some instances, when a new relationship results in the partners living together, the ex-spouse may request a reduction or termination in their alimony payments. In a recent New Jersey case, an appellate court was tasked with determining whether a woman was cohabitating with her new partner, which would result in a termination of alimony payments from her ex-husband. Ultimately, the court determined that the ex-husband did not present enough evidence to prove his former wife and her new fiancée were cohabitating—thus, there was no termination of alimony payments.

In this case, the former couple was married for over twenty-four years before getting a divorce. During their final divorce proceedings, they signed a marital settlement agreement, which provided that if the wife cohabitated with a future romantic partner, the husband could request an alimony review that could result in a termination of alimony. Seven years after the signing of the agreement, the ex-husband moved to terminate his alimony obligation because he claimed his ex-wife was living with her new fiancée.

The defendant argued that the cohabitation provision in the marital settlement agreement was triggered because the ex-wife and her fiancée had been in a continuous relationship for over six years, and the fiancée played a critical role in his and the ex-wife’s youngest child’s life—including attending dance recitals, paying for family dinners and driving her to the airport. However, the lower court ruled that the ex-husband did not meet the standard for cohabitation under New Jersey law.

New Jersey Appeals Court Upholds Alimony Obligations

January 27, 2022 | by Jeffrey R. Brown

When a person’s financial situation changes—either positively or negatively—it can impact other aspects of the person’s life as well. This may include being able to pay for groceries, rent, or even alimony. In a recent New Jersey case, the appellate court was tasked with determining whether a consent order signed after the ex-husband purportedly lost a majority of his income was enforceable. Ultimately, the court ruled the consent order was not conscionable considering it was entered under fraudulent circumstances.

In this case, the couple was married for more than thirty years before divorcing in January of 2011. The divorce settlement included an agreement that the ex-husband, who was the Chief Scientific Officer of a major company, agreed to pay the ex-wife $12,000 per month in alimony. A few years later, the ex-husband was let go from his job. He then filed a motion asking to reduce his alimony payments as he was disabled and unable to work at the time. The parties then settled and reduced the alimony payment to $3,200 per month in a consent order. However, the ex-wife later learned the ex-husband was re-employed and was not actually disabled to the point of being unable to work. She sought to vacate the Consent Order. The court below agreed with the ex-wife and vacated the Consent Order—thus reinstituting the ex-wife’s alimony payments of $12,000 per month.

The ex-husband argued that the lower court should not have reinstated the initial alimony payments by vacating the Consent Order. He explained that the ex-wife did not prove the consent order was secured by fraud—meaning him lying about being disabled and unable to work.

Termination or Modification of Alimony in New Jersey

March 28, 2021 | by Jeffrey R. Brown

When life throws you a curve ball, your financial circumstances may change, so too may your ability to make alimony payments. Modifying, reducing, or terminating New Jersey alimony payments, however, can often be a tricky and complex legal situation. For parties considering such a change, it is crucial that you evaluate all of your options under state law to ensure the best chances of success.

In a recent Superior Court of New Jersey opinion, the court considered a case concerning the termination of alimony. The parties were married for nearly 13 years before getting divorced and agreeing to $100,000 a year in alimony, broken down into monthly payments. The plaintiff eventually moved to terminate alimony payments, arguing that an increase in the defendant’s income by $80,000 constituted a change in circumstances. The motion judge, however, found that the plaintiff failed to prove a change in circumstances warranting a modification of alimony. The judge further claimed that the plaintiff’s credibility was compromised and his arguments were unconvincing to warrant a change.

On appeal, the plaintiff argued that the judge failed to enforce the terms of the couple’s agreement and instead rewrote the parties’ contract. The Superior Court of New Jersey sided with the lower court’s decision on the issue and rejected the plaintiff’s argument that the judge rewrote the parties’ contract. Because the judge assessed the totality of the circumstances, including the negotiation of the parties’ agreement, the judge was both able to understand the context of the agreement but also the parties’ intent when crafting the language.

Terminating Alimony Obligations in New Jersey

January 20, 2021 | by Jeffrey R. Brown

Alimony, otherwise known as financial support that a person must pay to their spouse following a separation or divorce, is a common part of many divorce settlements. However, when things change, and the party responsible for paying the alimony is no longer able to because of extenuating circumstances, what does the law say? If you are experiencing significant hardships or obstacles in meeting your New Jersey alimony obligations, are you able to terminate or modify your obligations?

In a recent Superior Court of New Jersey opinion, the court considered a case involving termination of alimony obligations in light of extenuating circumstances. In the case at hand, the parties divorced in 2006 after a 26-year marriage and negotiated a Property Settlement Agreement (the “Agreement”). Based on the Agreement, the wife agreed to pay her husband $300 per week in alimony. Several years after the divorce, the wife experienced many significant health and medical issues, including a brain tumor, which forced her to retire from her job. She ceased making alimony payments to her husband and moved to terminate her alimony obligation. The husband opposed the motion. Following oral arguments, the trial court terminated the wife’s alimony obligations, and the husband appealed.

On appeal, the court sided with the wife and affirmed the trial court’s decision. Because of the wife’s extenuating circumstances, such as her retirement and significant health issues, the court held that in light of her retirement and poor health, along with sufficient financial documents from the parties, the trial court had properly analyzed the dispute. Further, the wife was 66 years old, was at a good-faith retirement age, and her health was proof of further changed circumstances that would warrant a modification or termination of her alimony responsibilities.