The new alimony law that was recently passed on September 10, 2014, changed one of the types of alimony from “permanent” to “open durational.” It was really just a change in semantics. Permanent alimony was never meant to be “lifetime” alimony as many clients called it. Under our previous law, permanent alimony could have been modified upon a substantial change in circumstances, such as disability, unemployment, retirement, or a change in need by the payee or change in ability to pay by the payor. Open durational alimony, which has an open term until the court terminates it or the parties agree to terminate it, generally applies to marriages over 20 years in length. This type of alimony can also be modified (reduced or terminated) upon a substantial change in circumstances.
What the new law does give us is some guidance when dealing with substantial changes in circumstances. Prior to the new law’s enactment, we only had case law to help with modification applications.
For example, retirement is a substantial change in circumstance for which modification of alimony would have been considered under case law. Under the new alimony statute, there is a rebuttable presumption that alimony shall terminate upon the payor spouse obtaining full retirement age, which is Social Security retirement age. The law also provides that the court may set a different alimony termination date if the rebuttable presumption is overcome. The factors to consider in rebutting the presumption are as follows:
If the paying spouse retires prior to attaining full retirement age, then he/she has the burden of demonstrating that the actual retirement is reasonable and made in good faith.
Other blogs have been posted to this site on the new alimony law and how it effects other changes in circumstances such as cohabitation and unemployment.
Bruce H. Stern, Esq. Secures $5.5 Million Settlement for Traumatic Brain Injury Victim
Stark & Stark is pleased to announce that Shareholder Bruce H. Stern, Esq., Certified Civil Trial Attorney and member of the firm’s Accident...“Best Law Firms” 2027 List Issued by Best Lawyers Recognizes Stark & Stark PC
We are proud to announce that the firm has been included in the 2027 Edition of Best Lawyers “Best Law Firms®” list, earning 11 regional...Bruce H. Stern, Esq. Secures $950,000 Settlement for Traumatic Brain Injury Client
Stark & Stark is pleased to announce that Shareholder Bruce H. Stern, Esq., Certified Civil Trial Attorney and member of the firm's Accident...Evan J. Lide, Esq. Secures $2.15 Million Wrongful Death Settlement
Stark & Stark is pleased to announce that Shareholder Evan J. Lide, Esq. recently secured a $2,150,000 settlement on behalf of the family of a...Stark & Stark Attorneys Recognized as New Jersey “Super Lawyers” and “Rising Stars” in 2027
Stark & Stark is pleased to announce that 16 of its attorneys have been selected for inclusion in the list of 2027 New Jersey Super Lawyers,...Stark & Stark’s Chinsu Shajan, Esq. Receives Mercer County Bar Association Rising Leader Award
Stark & Stark is proud to announce that Chinsu Shajan, Esq., a Shareholder in the Firm’s Accident & Personal Injury Group, was honored by...