When Does Alimony Change or Stop?
Termination of alimony is always an issue following divorce. Termination is not controversial in a short-term alimony case — alimony ends upon the passage of the term. Alimony also ends upon the remarriage or death of the supported party or upon the death of the paying party.
Termination or reduction of alimony is usually not so simple in permanent alimony cases. Retirement alone does not ensure termination of alimony, especially when the supporting spouse still has the means to pay, typically from income-producing assets. Further, it is not even clear-cut when retirement should occur; the age of 65 is no longer a "magic" number. An experienced attorney can provide assistance.
Reduction of alimony is also controversial. Should alimony be reduced when the paying party loses work or finds lower-paying employment?
A supported party's cohabitation with another may lead to the reduction or termination of alimony. Cohabitation does not even require sexual relations or that the parties necessarily live in one space. The issue is whether the parties have become economically interdependent — that each contributes to the needs of the other in a relationship that bears the hallmarks of permanency.
As the level of interdependence approaches the level of alimony paid, alimony may be reduced or terminated altogether. Only an investigation of the facts and the nature of the relationship will provide a basis for seeking reduction or termination of alimony. There is nothing "magic" about cohabitation. It may well be the case that the third party contributes nothing to the household of the spouse receiving alimony.
Other Changed Circumstances
The party paying alimony may lose a job and be unable to find new employment that pays nearly the salary of the former job. A party may suffer a serious illness that requires reduction or increase in the amount of support. Life changes, and such major changes may impact the payment or receipt of alimony.
You need qualified, experienced and intelligent advice in when it comes to alimony. I can provide that advice. I can ensure you will be fully and fairly represented, whether you are seeking or being asked to pay alimony.
Contact Me Today
Call me at 908-336-0268 or send me an e-mail to schedule a meeting with an experienced alimony reduction and termination lawyer in Somerville, New Jersey. I look forward to hearing from you. Your initial consultation is an important step in securing and protecting your legal rights.