What is the name of your state (only U.S. law)? NJ
http://www.njlawarchive.com/archive/a4178-11.pdf
I've posted the link above as an example and a 'heads up' to anyone facing alimony in the divorce process in NJ. Reading attorney blogs and the opposition to alimony reform gives the impression that when a change in circumstance occurs, it is simple to obtain a downward modification. That is not the reality. Not based on a number of cases that I've researched and certainly not based on my own. Simple definitions of temporary versus permanent vary widely throughout the state. I would highly recommend that your divorce specifically state that modification is for consideration in the event of an illness, loss of job, etc. regardless of whether it is temporary or permanent. Even with the specific language, you'll find yourself in court more often than not. The petitioner in the case above went to county court, then to Appellate Court and has been remanded back to county court! This process is cost prohibitive for most.
Another item to keep in mind when addressing alimony - be certain that your alimony terminates in the event of remarriage. Typically, ex spouse recipients will not remarry and instead choose to live together in order to keep the alimony checks coming. It is incredibly expensive to attempt to prove cohabitation. Documented proof of your ex residing at the residence of a "friend or roommate" is not enough. You also need to prove that the ex is financially dependent on their roommate. This is incredibly expensive to accomplish. If you do manage to prove it, the courts then order for discovery which means back to court again. Then, if proven, typically your alimony is modified downward, not terminated. This is in spite of the ex often living a lifestyle above and beyond that of the marital lifestyle. That being said, regardless of whether alimony is temporary or permanent, be certain that there is language addressing termination in the event of remarriage.
The link to the following case is that of a woman who did not ensure that language was included. Her attorney completely missed it and even allowed language to the contrary! The day of divorce you may be tempted to rely on your attorney's expertise and accuracy, but take the time to re-read the entire document. Even if, like mine, it is a novel. This document will govern the tone of any post modification motions you may need/want to take.
"When they divorced, this New Jersey couple agreed she would pay him alimony. They further agreed she could not stop or reduce the alimony payments. When her ex-husband subsequently remarried, the ex-wife moved to terminate his alimony. But the application was denied because their non-modifiability agreement was valid and binding." http://www.judiciary.state.nj.us/opinions/a1032-11.pdf
Hope this helps someone one day!
http://www.njlawarchive.com/archive/a4178-11.pdf
I've posted the link above as an example and a 'heads up' to anyone facing alimony in the divorce process in NJ. Reading attorney blogs and the opposition to alimony reform gives the impression that when a change in circumstance occurs, it is simple to obtain a downward modification. That is not the reality. Not based on a number of cases that I've researched and certainly not based on my own. Simple definitions of temporary versus permanent vary widely throughout the state. I would highly recommend that your divorce specifically state that modification is for consideration in the event of an illness, loss of job, etc. regardless of whether it is temporary or permanent. Even with the specific language, you'll find yourself in court more often than not. The petitioner in the case above went to county court, then to Appellate Court and has been remanded back to county court! This process is cost prohibitive for most.
Another item to keep in mind when addressing alimony - be certain that your alimony terminates in the event of remarriage. Typically, ex spouse recipients will not remarry and instead choose to live together in order to keep the alimony checks coming. It is incredibly expensive to attempt to prove cohabitation. Documented proof of your ex residing at the residence of a "friend or roommate" is not enough. You also need to prove that the ex is financially dependent on their roommate. This is incredibly expensive to accomplish. If you do manage to prove it, the courts then order for discovery which means back to court again. Then, if proven, typically your alimony is modified downward, not terminated. This is in spite of the ex often living a lifestyle above and beyond that of the marital lifestyle. That being said, regardless of whether alimony is temporary or permanent, be certain that there is language addressing termination in the event of remarriage.
The link to the following case is that of a woman who did not ensure that language was included. Her attorney completely missed it and even allowed language to the contrary! The day of divorce you may be tempted to rely on your attorney's expertise and accuracy, but take the time to re-read the entire document. Even if, like mine, it is a novel. This document will govern the tone of any post modification motions you may need/want to take.
"When they divorced, this New Jersey couple agreed she would pay him alimony. They further agreed she could not stop or reduce the alimony payments. When her ex-husband subsequently remarried, the ex-wife moved to terminate his alimony. But the application was denied because their non-modifiability agreement was valid and binding." http://www.judiciary.state.nj.us/opinions/a1032-11.pdf
Hope this helps someone one day!