By Jeff J. Horn – Divorce Attorney
If you’re paying alimony and your financial situation has changed, you may be wondering if the court will allow you to reduce your obligation. The answer is yes—under the right conditions, you can request to modify alimony in New Jersey after a change in circumstances. Whether you’ve lost your job, become seriously ill, or are earning significantly less than when your divorce was finalized, New Jersey law provides a legal path forward. An excellent discussion of alimony changed circumstances is found in the Appellate Division case of Morris.
At Horn Law Group, we help clients throughout Ocean County and beyond handle these situations with confidence. If you’ve experienced a financial shift and can no longer afford to pay the same amount, it’s essential to act quickly and prepare a strong case.
What qualifies as a change in circumstances in New Jersey
In New Jersey, alimony can be modified if the person paying support experiences a substantial and lasting change in their financial or personal situation. Common examples include:
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Job loss
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Long-term reduction in income
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Disability or serious illness
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Retirement at a full Social Security age – presently, age 67
To qualify, the change must be both involuntary and long-lasting—typically lasting at least 90 days. The court won’t consider brief or minor financial setbacks, and it won’t approve a reduction if it believes you caused the situation on purpose, such as by quitting a job or refusing similar work.
Can job loss justify a change to your alimony obligation?
Yes, but there’s a high standard. If you’ve lost your job, the court will look at whether the termination was outside your control and whether you’ve made real efforts to find comparable employment. Judges often require 90 days of documented unemployment and a consistent job search before seriously considering modification. Generally, temporary income changes will not result in a reduction.
If you’ve taken a new job at a significantly lower salary, and the drop is expected to continue, that can also support a request for a lower alimony payment. But the key is proving that the situation is real, not temporary, and not self-inflicted.
What evidence do you need to modify alimony?
Courts in New Jersey require strong documentation before they will modify an alimony order. You’ll need to file a motion and include updated financial records such as:
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Pay stubs
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Tax returns
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Job search logs
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A revised Case Information Statement
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Medical documentation, if health is a factor
Your new Case Information Statement should outline your current income, expenses, assets, and liabilities. If your request is based on medical hardship, your doctor must provide records showing how your condition affects your ability to earn income.
How the court reviews a modification request
When you file a motion to modify alimony in New Jersey after a change in circumstances, the court first reviews whether your situation meets the basic legal standard. If it does, the judge may request more detailed financial information from both parties. In many cases, the court will schedule a hearing so each side can present evidence and testimony.
The court will evaluate whether you can reasonably afford to continue paying the original amount and whether your former spouse still depends on it. The goal is to balance fairness without creating unnecessary hardship for either party.
Why filing quickly protects you
Courts can only adjust alimony going forward. If you wait several months after your income drops, you may still be responsible for payments you couldn’t afford—simply because you didn’t file soon enough. Falling behind can result in arrears, wage garnishment, and enforcement actions.
To protect yourself legally and financially, file as soon as the change becomes long-term and unavoidable. You don’t have to wait until you’re in crisis.
Legal guidance matters when seeking a modification
Successfully modifying alimony in New Jersey after a change in circumstances requires more than a statement of hardship. It takes legal strategy, detailed financial documentation, and a clear understanding of court expectations. At Horn Law Group, we guide clients through this process and help them present the strongest possible case.
If your life has changed and your support payments no longer make sense, contact our office today. We’ll help you explore your options and take the right steps toward a more manageable future.
Thanks to Horn Law Group, LLC intern Dillon Uhrig
Photo by Money Knack on Unsplash