Life after divorce doesn’t always go the way you expected—especially when your financial status changes and your monthly alimony check no longer meets your needs. If you’re struggling to keep up with expenses, you’re likely wondering “Can alimony be increased after divorce?”
In this article, you’ll learn when and how alimony can be increased in New Jersey, what circumstances may qualify for a modification, and what steps you’ll need to take to request a change. Whether your ex got a substantial raise or your own income has decreased, understanding your options could help you secure the additional spousal support you need.
If you’re looking to modify your spousal support, a divorce lawyer in New Jersey can fight for your financial future. Contact Graziano & Flynn today to learn whether an alimony increase is possible in your case.
When Can You Request an Alimony Increase?
You can request an alimony increase in New Jersey when there’s been a significant change in your financial situation or in your ex-spouse’s ability to pay. This may include a job loss, a serious illness, or your ex getting a major promotion or raise. As long as your original divorce agreement does not include a non-modification clause, you can file a motion to increase alimony.
What Factors Do Courts Consider When Increasing Alimony?
Courts don’t automatically approve alimony increases—there has to be a good reason backed by evidence. In New Jersey, judges consider various factors to decide whether a change is fair. Courts may assess the following factors when making decisions on alimony increases:
- A substantial change in your financial needs (medical bills, higher cost of living, etc.)
- A significant increase in your ex-spouse’s income or assets
- Loss of employment or inability to earn at the same level as during the marriage
- A long-term illness or disability that affects your ability to work
- Whether you’ve made efforts to become self-supporting if expected in the original agreement
- The standard of living you enjoyed during the marriage
- The terms of the original alimony order and whether it allows for modification
Step-by-Step Guide to Requesting an Alimony Increase
- Review your original divorce agreement: Confirm whether your alimony is modifiable—some agreements include language that limits changes.
- Document the change in circumstances: Collect solid evidence, including recent pay stubs, termination letters, medical records, or documentation of higher living expenses.
- Consult with a divorce attorney: A divorce lawyer can evaluate your case, confirm whether you have grounds to request more support, and help you prepare.
- File a motion with the family court: Formally request a modification by filing a motion to increase alimony with the court that handled your divorce.
- Exchange updated financial information: Both you and your ex will be required to submit recent financial disclosures to support your positions.
- Attend a court hearing, if necessary: If your ex contests the request, the judge may schedule a hearing to review both sides before making a decision.
- Follow the court’s new order: If the judge approves the increase, the updated alimony amount will be enforceable moving forward.
Can an Ex-Spouse Challenge the Request for Increased Alimony?
Yes, your ex can challenge your request for increased alimony. They may argue that your financial situation hasn’t changed enough, that their raise doesn’t justify paying more, or that you haven’t made a good-faith effort to support yourself. That’s why having solid evidence—and the right support from a New Jersey divorce lawyer—can make all the difference in your case.
How a Lawyer Can Help with Alimony Modifications
A New Jersey divorce lawyer can help you make a strong case for increasing your alimony. From gathering the right documents to representing you in court, your lawyer will fight for the best possible outcome.
Here’s how a divorce lawyer can help you pursue a higher alimony payment:
- Determine whether your situation qualifies for a post-divorce alimony modification
- Gather and organize financial records, medical documentation, or employment details
- Draft and file a motion to request an increase in alimony with the family court
- Represent you in court and argue for a fair outcome
- Push back against any objections from your ex or their attorney
FAQs About Increasing Alimony in NJ
How long does an alimony modification case take?
The timeline for an alimony modification depends on the details of your case and whether your ex agrees or fights the request. If both parties cooperate and the court’s schedule allows, it may be settled in just a few months. If the request is contested or requires a full hearing, it could take six months or longer.
Can I get retroactive alimony if my ex hid their raise?
Yes, if your ex knowingly failed to disclose a raise or bonus, the court may allow retroactive alimony dating back to when their income increased. You’ll need strong evidence demonstrating the hidden income and how it would’ve impacted your support. A divorce lawyer in New Jersey can help you document and present this information.
Will my alimony automatically increase if my ex earns more?
No—alimony doesn’t increase automatically, even if your ex is making significantly more money. You’ll need to file a motion and show that your financial needs have also changed since the original order. The court will consider both sides before deciding if an increase is appropriate.
What happens if my ex refuses to provide financial information?
If your ex won’t provide financial records, the court can compel them to do so through a formal discovery process. They may be ordered to submit documents or appear in court. If they continue to refuse, the judge may take their actions into account when ruling on your request.
Get Help to Increase Your Alimony From Our New Jersey Divorce Lawyers
If you’re seeking an alimony increase, a New Jersey divorce lawyer can help you build a strong case, gather the right financial evidence, and present it clearly to the court. At Graziano & Flynn, we fight to ensure your spousal support reflects your current needs—not just what was true at the time of your divorce.
Contact Graziano & Flynn today and start building a strong case for an alimony increase.
