Modifying Alimony in New Jersey: When and How It Can Be Changed

Can Alimony Be Modified After Divorce?

Yes. In New Jersey, alimony orders can be modified or terminated if there has been a substantial change in circumstances since the original order was entered. This applies to both the paying spouse (obligor) and the receiving spouse (obligee).

What Qualifies as a Substantial Change in Circumstances?

Courts have recognized the following as potential grounds for modification:

• Job loss or significant income reduction by the paying spouse
• Retirement of the paying spouse (particularly at or after age 67)
• Remarriage of the receiving spouse (terminates alimony by statute)
• Cohabitation by the receiving spouse in a relationship akin to marriage
• Significant increase in the receiving spouse's income
• Serious illness or disability affecting either party

The 2014 Alimony Reform Act

New Jersey's 2014 Alimony Reform Act made significant changes to alimony law, including:

• Eliminating "permanent alimony" in favor of "open durational alimony" for marriages of 20+ years
• Establishing presumptive termination of alimony at the obligor's retirement age
• Creating a statutory framework for modification based on cohabitation
• Limiting the duration of limited duration alimony to no longer than the length of the marriage

How to File for Modification

To seek a modification, you must file a motion with the Family Court and demonstrate the change in circumstances with supporting documentation — such as tax returns, pay stubs, or evidence of the other spouse's cohabitation. Courts will not modify alimony based on temporary or self-induced changes in income.

Working With an Attorney

Alimony modification cases can be contentious and fact-intensive. An experienced family law attorney can help you gather the evidence needed to support your motion and present a compelling case to the court.

This article is for general informational purposes only and does not constitute legal advice.