Retirement is a major milestone and transitional period for individuals. However, for those paying or receiving alimony, it can have significant legal implications. Whether you can modify spousal support because of retirement in New Jersey varies depending on a multitude of factors. To learn more about your legal rights and options, continue reading and consult with a knowledgeable Union County alimony attorney today.
Can You Modify Spousal Support Due to Retirement in NJ?
Yes, you can modify spousal support due to the payer’s retirement. According to New Jersey Revised Statutes § 2A:34-23, “There shall be a rebuttable presumption that alimony shall terminate upon the obligor spouse or partner attaining full retirement age, except that any arrearages that have accrued prior to the termination date shall not be vacated or annulled.”
Essentially, this law states that legislation presumes the obligation to pay alimony terminates once the paying spouse reaches retirement age. Any arrears from missed payments must still be paid, but the ongoing requirement for monthly support effectively ends.
Can Alimony Continue Past Retirement Age?
Although the law presumes that the alimony obligation will end once the obligor reaches the age of retirement, that is not always the case. It is a rebuttable presumption, meaning that it can be refuted based on relevant circumstances and evidence that proves the support should continue.
A court may decide to continue the alimony order based on the following factors.
- The ages of the parties at the time of the application for retirement;
- The ages of the parties at the time of the marriage or civil union and their ages at the time of entry of the alimony award;
- The degree and duration of the economic dependency of the recipient upon the payor during the marriage or civil union;
- Whether the recipient has foregone or relinquished or otherwise sacrificed claims, rights or property in exchange for a more substantial or longer alimony award;
- The duration or amount of alimony already paid;
- The health of the parties at the time of the retirement application;
- Assets of the parties at the time of the retirement application;
- Whether the recipient has reached full retirement age as defined in this section;
- Sources of income, both earned and unearned, of the parties;
- The ability of the recipient to have saved adequately for retirement; and
- Any other factors that the court may deem relevant.
The court may decide to terminate alimony or continue requiring payments based on the above and each party’s overall circumstances. Regardless, the obligation could still be lowered or adjusted to lessen the burden of the paying spouse.
If you are paying or receiving spousal support after your divorce, it is crucial that you understand your legal rights and options. To learn more and secure skilled legal advice, reach out to an experienced attorney today.
