Jacksonville, FL asked in Family Law for New Jersey

Q: I'm divorced NJ on 4/8/2004 after 15.3 yrs. Been paying Alimony for 15.9. Am I eligible to stop paying alimony?

Under the statute 2014 New Jersey Revised Statutes

Title 2A - ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE

Section 2A:34-23 - Alimony, maintenance.

Universal Citation: NJ Rev Stat § 2A:34-23 (2014)

Related Topics:
2 Lawyer Answers
Teresa L. Reichek
Teresa L. Reichek
Answered
  • Mount Laurel, NJ
  • Licensed in New Jersey

A: That's a very good question. I'm sure it is stressful not knowing what is going to happen. The short answer is it depends. There are many factors that play into alimony and the timing of termination. It is very specific to your unique situation. Some factors include any potential changes in circumstance you may have, if you are considering retirement, the wording of your Marital Settlement Agreement or Final Judgment of Divorce, or if your former spouse has remarried or commingled funds with a paramour.

The best thing to do is consult with an experienced family law attorney who can look at your circumstances and give you sound advice.

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

A: What does your divorce agreement or judgement of divorce say about the duration? Whether you have been paying for 1 year, 15.575 years or 22.125 years is irrelevant. The agreement or judgement will set forth the duration. If the agreement or judgement says that your obligation is "permanent", then it continues until there is a legitimate change in circumstance that would permit you to file an application with the court to have the court determine if you have a legal right to stop paying.

For retirement purposes and termination of your support obligation, start with the presumption that under the new alimony statute ( not applicable to you) that you need to hit full retirement age ( 67 1/2 ). I dont know how old you are or whether you are employed, etc but you cannot simply stop paying without a court order authorizing you to stop and to get a court order, you will need to file an application with the court to do so and most likely you will need a lawyer who specializes in divorce and family law to file that application to ensure that it is handled properly.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.