Alimony Modifications for Retirement

Judge Larry Jones, Ocean County Family Court Judge, has issued an unpublished decision regarding the newly amended alimony statute attempting to define when a party can apply to modify or terminate their alimony obligation based on their “prospective” retirement.

Judge Jones has said in his decision in Mueller v. Mueller, decided on April 22, 2016 but not made public until today, that, in general, a person seeking to have a change in an alimony obligation may not merely claim or certify that he or she intends to retire at some point in the future.   The certification and applicant must state, with specificity and finality,  as to the details and timing of the retirement before a change in obligation can be granted.  This is just common sense.  What makes more sense, is not permitting any modification until there is an actual retirement.

“By applying reason and common sense, the court concludes that the legislative intent in the amended alimony statute is to create a mechanism by which a person who is or nearing early retirement age, and who is desirous of actually retiring in the present or near future, may seek a prospective ruling regarding potential termination or modification of his or her alimony obligation as a result,” Jones said in Mueller v. Mueller.
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Contact our office to speak with one of our attorneys about your alimony and retirement issues.


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