Yes, if you agreed to it when you were divorced. This is also known as “anti-Lepis” language regarding alimony in a divorce property settlement agreement. As an experienced divorce and alimony attorney I know the importance of staying on top of recent case law. Hiring an attorney who does not take the time to understand all new family law decisions, could lead to pointless litigation and cost you a substantial amount of money. Amendment L. 2014, c. 42,§ 2(c) to New Jersey Statute 2A:34-23, the alimony statute here in New Jersey, allows the modification or termination of an alimony obligation if the supporting spouse retires. However, the attorneys at my divorce law firm understand that this amendment does not apply to alimony provisions mutually agreed to in a property settlement agreement. In the recent case of Healing v. Healing, the supporting spouse’s attorney failed to understand this restriction and cost his client time and money.
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