If you got spousal support or alimony payments as part of your divorce settlement, you may be curious if the court has the authority to revoke it. In certain instances, they could. Here’s what you should know and how to tell if your financial security post-divorce could be at risk.
Consider the Original Terms of Your Spousal Support
Alimony and financial support for divorced spouses generally isn’t designed to last forever, with the exception of a very few, rare circumstances. Most judges mandate it for a set term after the divorce to allow the lower-earning spouse to find new employment and attain financial independence. When alimony is stopped, this is often because the date on the original court order has passed.
Consider If Your Case Meets the Criteria for Alimony Termination
Cases that may have spousal support or alimony discontinued are those where:
- One spouse passes away.
- The recipient of the support begins living with or marries someone else. If you live with another person who can share costs, the court may decide that your ex need no longer pay support.
- The recipient becomes able to support themselves financially sooner than expected. In cases where a recipient receives a new job offer or starts making enough money to support themselves sooner than anticipated, your ex may be able to successfully petition for alimony payments to end.
- The recipient did not become able to support themselves financially. Alimony recipients are expected to make an honest effort to acquire a source of income that permits them to live independently. If the receiver has wasted support funds without making any effort to better their situation, a judge may consider removing the payer’s support responsibility.
- The paying spouse becomes unable to make payments. If a payer becomes unable to meet their alimony obligations for a legitimate reason, such as losing their job or being arrested, alimony will most likely be deferred until the payer is able to resume payments.
Don’t Lose Your Alimony — Get Help From a New Jersey Divorce Attorney Now
Going through the process of divorce is difficult, even if you were the one who decided that it was for the best. When alimony or spousal support is involved, things can become even trickier. It’s important to have an experienced, zealous family lawyer on your side who can passionately advocate for your family’s best interests. Call Erlina Perez today for a consultation at (201) 880-7070.