East Brunswick, NJ asked in Divorce for New Jersey

Q: My husband was paying alimony weekly til he had a traumatic brain injury at work. He hasn’t worked since Dec 2018.

What are the next steps?

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2 Lawyer Answers
Michael Andrew Conte
Michael Andrew Conte
Answered
  • Princeton, NJ
  • Licensed in New Jersey

A: It depends on what may be stated in your settlement agreement or judgment of divorce. I recommend that you bring your divorce documents to a qualified family law attorney to review and advise of your options.

Richard Diamond
Richard Diamond
Answered
  • Short Hills, NJ
  • Licensed in New Jersey

A: You need to sit down with a family law attorney to discuss your husband's support obligation and how this injury impacts his continued alimony obligation. The fact that your husband had a significant injury may be a basis for termination of his alimony obligation but unless his ex agrees in writing to the termination, you will need to file an application with the court for termination and the focus will be on his other income sources ( other than your income from your employment) and whether he is capable of resuming his former employment or another type of employment ( and, if so, doing what type work and earning what amount of money). If he has disability income from a private policy and / or state disability monies is also relevant to his current financial setting. Hypothetically, if your husband was earning 90,000 per year before his injury and after his injury, between disability income and income from an alternate employment setting, he is earning or has the ability to earn 85,000 per year, the court may not view his injury as justifying a reduction or elimination of his alimony obligation. But if he was earning 90,000 per year and now is earning a total of 35,000 per year between disability and new employment, that would amount to a material change warranting a reduction or elimination of his obligation.

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