How to Avoid Alimony in New Jersey

What is alimony?

Alimony is a sum of money paid by one spouse to the other spouse for a specific period during or after a divorce or upon the dissolution of a civil union. Payments are usually made regularly, such as monthly.

The alimony system is used by the family law system in New Jersey to prevent one spouse from being unfairly disadvantaged after a marriage or marriage-like relationship ends. Alimony payments can “even up” the financial positions of the two separating spouses so that the transition to a single, self-sufficient life is made less burdensome.

For instance, in many marriages, one spouse sacrifices a career to care for the children and has been out of the workforce for an extended period. A divorce can financially impact this spouse far more than the working spouse. Alimony can reduce the discrepancy and the potential hardship.

The main principle is that alimony payments are fair and equitable so that both spouses can maintain a lifestyle and living standards that are as close as possible to those enjoyed during the marriage.

Alimony should not be considered a “punishment”. Entitlement to it and the amounts awarded are generally unaffected by the behavior of either spouse or partner in the relationship.

The State of New Jersey also has a vested interest in ensuring that divorced individuals can withstand the economic impact of divorce and stand on their own two feet rather than being dependent on the state. That said, alimony is only awarded if there is a real need for it. It is common these days for divorcing spouses to have similar incomes and, in this case, alimony may be unnecessary.

How can I get out of paying alimony in New Jersey?

If alimony payments are considered a fair way to handle financial discrepancies from a divorce, a spouse who must pay alimony should generally accept the responsibility to pay for the stated period and not try to avoid it.

Remember, the New Jersey courts are interested in equitable settlements during divorces so trying to avoid what is seen as “fair” will not be viewed in a good light.

However, there are ways to avoid paying alimony in New Jersey so that you do meet your legal obligations during a divorce but lessen the financial burden. Here are three such ways:

1. Negotiate a settlement with your spouse that doesn’t include alimony: you may be able to agree on property division and child support, negating the need for alimony payments. The courts allow you to settle these matters privately as long as the best interests of any dependent children are suitably addressed.

1. Cohabitation with a new partner by your ex-spouse: if your ex-spouse’s financial situation changes because of cohabitation with a new partner, a modification or termination of alimony may be requested with the New Jersey courts.

1. Prove the lack of means to pay: if you can show the court that you lack the financial means to pay alimony, your alimony obligations may be reduced or waived entirely. Alimony awards are needs-based but also dependent on the payor’s ability to pay.

Additional options for not paying alimony

The other two main options that exist if you have problems paying alimony and want to consider ways to end the obligation are:

Mediation: this alternative dispute resolution method, facilitated by a neutral third-party mediator, is a good way to resolve many types of family law issues, including alimony disputes, without court involvement.

Modification of an order: a significant change in the financial circumstances of either spouse can warrant an application to the court to modify an alimony order. Good examples include a promotion, demotion, retirement, redundancy or an ex-spouse receiving financial support from a new partner. However, the change will need to be proven before a modification can be made.

When are recipients disqualified from receiving alimony?

Alimony is decided on a case-by-case basis. However, some circumstances can disqualify a potential recipient of alimony from receiving their spousal support payments. The main ones include:

• Committing adultery: while actions during the marriage are not generally used to punish spouses during alimony settlements, adultery can disqualify a spouse from receiving payments in some circumstances.
• History of domestic violence: spouses with a history of perpetrating domestic violence within the marriage may be disqualified from receiving alimony.
• Financial independence: alimony is needs-based so if you are financially independent, there is no need for a court to award alimony.
• Very short marriage: generally, only marriages that lasted a few years or more qualify for alimony in New Jersey.
• Long-term cohabitation with a new partner: anyone receiving support in another long-term relationship is not generally eligible for alimony from an ex-spouse.
• Remarriage: getting remarried generally excludes an ex-spouse from the right to claim alimony payments from a previous marriage.

Can alimony payments be reduced in New Jersey?

If you find that alimony payments are a severe financial burden, you may be able to reduce them. However, you cannot generally reduce them without court intervention.

In most cases, you need to demonstrate to the court a significant change in financial circumstances for you or the recipient of alimony (see above). This may justify modifying the court order.

Often, this process is made easier with the assistance of a qualified family law attorney or divorce lawyer.

How long must you pay alimony in New Jersey?

When the New Jersey courts review alimony applications, they first determine eligibility and, if eligible, amounts will be calculated and a court order will outline the amount and duration of alimony payments.

The most important factor in determining the duration of alimony is the length of the marriage. In most cases, alimony is temporary but for long marriages and/or where one spouse is unable to re-enter the workforce, indefinite alimony may be ordered.

Each case is assessed on its merits and depends on multiple factors. As a rule of thumb in New Jersey, if the marriage lasted less than 20 years, the term of alimony is often set for a period equal to the length of the marriage.

If you need assistance with alimony or other aspects of divorce in New Jersey, contact the Law Office of Steven M. Cytryn, LLC for an initial consultation.