After a divorce, life continues to change. Career shifts, health issues, remarriage, and retirement, among other things, can all dramatically affect an individual’s financial situation. An alimony order that once made sense may become unfair or impossible to maintain. New Jersey allows a spousal support order to be modified under certain circumstances. For more information and to secure the help of an experienced legal professional, read on and contact a knowledgeable Sussex County, Sparta post-judgment modification attorney today.
What is a Spousal Support Order?
Spousal support, also called alimony, is financial support paid by one spouse to the other after a separation or divorce. The primary goal of this obligation is to help a financially dependent spouse maintain a standard of living similar to the one created during the marriage or to reimburse a spouse for contributions made to the relationship.
New Jersey recognizes several types of alimony that each serve a different purpose. Consider the following.
- Pendente lite: Awarded during the separation period or beginning of the divorce process to ensure that both spouses remain in good financial standing and can afford to pay bills while hiring legal counsel
- Open durational: Awarded in divorces where the marriage lasted 20 years or more to dependent spouses who will likely never become completely financially independent
- Limited duration: Awarded in marriages that last about 10 to 15 years to a spouse who needs support while they work toward becoming independent
- Rehabilitative: Awarded to a spouse who needs support while they rehabilitate into the workplace and become financially independent
- Reimbursement: Awarded to compensate a spouse for financial or other contributions made to the marriage and the other spouse’s career or education
When a divorce is finalized, the court may impose an alimony order stipulating which spouse owes the other support, the amount, and for how long.
How Can a Spousal Support Order Be Modified in NJ?
The spousal support order will be created based on each spouse’s circumstances at the time of the divorce. However, life changes all the time, so you may need an increase or a reduction depending on the situation. To modify an alimony order in New Jersey, you must file a motion with the court that issued the original order.
You must provide a variety of information, including the change you are requesting, the reason for the change, and evidence supporting your claim. The burden of proof is on you to show that a substantial and unanticipated change in circumstances has occurred that renders the spousal support agreement unfair or impossible to comply with. A hearing can be scheduled to determine whether a modification is truly required, and your former spouse will have the opportunity to respond and submit their own evidence.
It is highly recommended that you secure the help of a legal professional when requesting a modification of a court order. Reach out to a skilled lawyer for more information today.