Edward R. Weinstein, Esq.Edward R. Weinstein, Esq.

Discontinuing Spousal Support in Monmouth County

After a divorce, there are many changes to a person’s life, emotionally, financially and in how their family is structured. One important change that can last a very long time is spousal support.

However, New Jersey law changed recently by, no longer allowing permanent, life-long spousal support except in cases with exceptional circumstances. There are a few ways in which spousal support can be terminated.

A distinguished spousal support lawyer can better inform you about how to begin discontinuing spousal support in Monmouth County. This is important information for both the person paying the support and the person receiving it.

Ending Spousal Support Due to Cohabitation

One way in which someone can go about discontinuing spousal support in Monmouth County is if the party paying spousal support can show that the other person is cohabiting with another person. The idea is that the person no longer needs spousal support because they have another partner that is supplementing the income they lost when the marriage ended.

Individuals should be aware that simply living apart does not mean that a couple is not cohabitating. There are a few factors the court will look at when deciding if a couple is cohabitating. These factors are:

  • Whether the couple is living together or the frequency of their contact combined with the length and seriousness of their relationship
  • If they share joint financial accounts
  • If they share household expenses and chores
  • If the former spouse receiving spousal support has been promised financial support from another person
  • The couple is recognized as a unit in their social and family circle

The court is also allowed to consider any other factors they think are relevant to prove that the couple is cohabitating and therefore the party receiving spousal support no longer needs it.

Reaching Full Retirement Age

When a person who pays spousal support reaches or is about to reach their federal retirement age of 67, and they pay spousal support they can petition the court to modify or end the spousal support arrangement.

There is a presumption that on reaching the federal retirement age that spousal support should end. However, the person receiving spousal support can fight against this presumption.

How Does the Court View a Spousal Support Case?

Some of the things a court will look at to see if the support should be continued include:

  • The age of the person applying for retirement
  • The ages at the time they were married and when support was granted
  • How much alimony has already been paid
  • If the person receiving support gave up other financial considerations (ex. A for example, a house) in exchange for a longer alimony period and any income either party has.
Retiring Before Reaching Full Retirement Age

If the person paying spousal support decides to retire before reaching their full retirement age then they will have to show that they are retiring in good faith and it is reasonable. The court will look at a list of different factors in deciding if the early retirement is valid before discontinuing spousal support in Monmouth County.

Some of these factors are:

  • The type of work the person paying support does and what the general age of retirement in that field is
  • The person’s reasons for retiring
  • Whether the person can continue paying support even if they retire
  • How much the person receiving the spousal support depends on it
  • Speaking with an Attorney

    Discontinuing spousal support in Monmouth County can be a big financial change for many people. For the person paying spousal support, it can be the end to a very long and ongoing financial obligation. For the person receiving the spousal support, it can be the end of a fixed income that they rely on. It is important to speak to a Monmouth County spousal support lawyer to start planning for the end of when a spousal support ends arrangement and how to move forward.