New Jersey Divorce Lawyer Blog
Will my alimony obligation end upon retirement under New Jersey alimony laws?
On September 10, 2015, the Governor of New Jersey signed into law an amended alimony statute. Said amended statute made a number changes in regard to alimony and retirement. According to the amended statute, there is now a rebuttable presumption that his or her alimony obligation will end upon attainting full retirement age.
How is full retirement age defined under NJ alimony laws?
The amended alimony statute defines full retirement age when a person can collect full Social Security benefits.
Can the presumption that alimony terminates upon reaching full retirement age be rebutted under the alimony laws in NJ?
Yes, it is a rebuttable presumption. A court will consider the following factors in determining if the presumption of terminating alimony at full retirement age should be rebutted:
- The litigants’ ages at the time of the motion for termination or modification of alimony;
- The litigants’ ages when they married and their ages when alimony was awarded;
- The amount and duration of economic reliance by the payee upon the other party during the marriage;
- Whether the litigant has exchanged something of value for a longer or larger alimony award;
- The sum and period of alimony formerly paid;
- The litigants health when the retirement application was made;
- The litigants’ assets at the time of retirement;
- Whether the payee has obtained full retirement age;
- All sources of income of both parties;
- The party who is collecting alimony capability to have saved adequately for retirement;
- Any other relevant factor.
