When a family court issues alimony orders during divorce, the intent is to provide financial support to a lower-earning or non-working spouse to enable them to maintain a standard of living similar to what they had during the marriage.
However, these orders are not set in stone and can be modified under certain circumstances.
When can alimony be modified?
In New Jersey, family courts consider the current situation of the couple at the time of granting the alimony orders to determine whether a modification is warranted. Under the Lepis v. Lepis standard, a party seeking to modify alimony must demonstrate a substantial and material change in circumstances since the original order was issued. This could include:
- Changed living conditions or cohabitation: If the dependent spouse’s living conditions significantly change, such as through cohabitation with a new partner or remarriage, this may impact the need for continued alimony. The court will assess whether these changes alter the financial support required.
- Changes in supporting spouse’s financial status: The courts may also consider significant changes in the financial status of the supporting spouse. This could include a substantial decrease in income or an increase in financial obligations that affect their ability to continue paying the originally ordered amount of alimony. The court will evaluate how these changes impact both parties’ financial situations and adjust the alimony accordingly to better ensure fairness.
- Health issues: Significant health issues, such as illness or disability that arise after the original alimony order, can also be grounds for modification. If the health of either party deteriorates to the extent that it affects their ability to work or incurs substantial medical expenses, the court may adjust the alimony to reflect these new financial and personal circumstances.
When seeking alimony modification, it is important to consider legal guidance to better prepare for presenting evidence and arguments that support the claim for a change.
