Q: Hi , Are there any cases of successful termination of permanent alimony after paying spouses job loss in NJ ? Thanks .

A: Each case will depend on the specific facts and circumstances of the case. For your situation, you will need to have an in person consultation with an experienced matrimonial attorney.

A: Hello and thanks for asking your question. The law regarding alimony, now known more commonly as spousal support has undergone some changes here in New Jersey and it can certainly be a little confusing. I will do my best to answer your question in general terms, here.

Firstly, (and this may not apply to you), you should be aware that since the changes to the spousal support law in 2014, there is no longer any such thing as "permanent alimony." Now, there is what is known as "open durational alimony" which does not specify a time, but which allows payors of support to have the payments changed or ended when they reach federal retirement age of 67.

Were you ordered to pay permanent alimony prior to the change in 2014? Are you close to retirement age? Again, your question is a bit vague and I do not want you to give too much personal information here, but these are the questions an attorney would ask you in order to give you more tailored advice.

You mention loss of a job as reason for ending permanent alimony. The answer is: it depends if loss of employment would be reason enough to stop spousal support. The way the law is written, in order to change or terminate alimony, the person paying the support has to show a significant change in circumstances since the spousal support was ordered. What constitutes changed circumstances? It could be retirement, a permanent disability or long-term unemployment. But, that unemployment must be long term and not just a temporary situation. Also, someone paying support cannot be purposefully unemployed or underemployed (taking a lower-paying job on purpose). If they are, the court can continue the support at the original amount, imputing to the person paying the support the salary they were earning when the order was entered, even if they are no longer at that job.

I hope this was helpful. I suggest that you set up a consultation with a family law attorney if you need more specific advice. We have a state-wide practice, but many attorneys offer free consults in New Jersey as well. Regards, Bari.