Will Retirement Reduce My New Jersey Alimony Obligations?
There is no quick answer to questions regarding alimony or spousal support in New Jersey. That’s because, in many cases, once a determination is made by a family court judge with regard to alimony, child support or any other financial obligation arising out of divorce, it’s difficult to get the order changed. Retirement, in itself, does not provide an automatic reason the judge will accept to change that alimony order.
However, if you are the person paying alimony and you can prove to the court that there is a real reason to change the amount of alimony ordered by the divorce agreement, you may have a possibility of getting alimony reduced or even eliminated.Did You Retire Voluntarily or Because You Was Retirement Made Mandatory by Your Employer?
Additionally, a judge will consider your age. Wanting to retire and live the good life at age 55 is a wonderful goal, but a judge may be unlikely to consider changing your court-ordered alimony agreement. At 55, even if you were “downsized,” you can find a new job and keep up with your spousal support.
Voluntary retirement doesn’t usually hold water in New Jersey Family Court when it comes to altering agreements made following divorce. However, there is no written rule on these considerations which is why speaking to an experienced family lawyer is your best option. Judges take these issues on a case by case basis. This means preparing your case so it makes sense and sways the judge.
To do this best, talk to Ron Graziano of Graziano & Flynn. Graziano has been helping clients in Cherry Hill, NJ and the surrounding communities get through divorce and other emotional issues for many years. Contact him today for sound advice about your personal situation.