New Jersey law doesn’t include “permanent” alimony (spousal support). However, it does include “open durational” support, which can be an option if the marriage lasted at least 20 years – and if other factors warrant it.
What happens if the paying spouse is ready to retire while they’re still required to pay alimony? Let’s look at what the law says.
When does an alimony recipient have to show that alimony should continue?
The law includes a “rebuttable presumption that alimony shall terminate upon the obligor spouse or partner attaining full retirement age.” Full retirement age (FRA) under Social Security rules – the age at which people can collect their full benefits — is 67 for anyone born in 1960 or later.
A rebuttable presumption in this case means that a recipient of alimony has the burden of proving that their ex needs to continue paying even though they’ve hit their FRA. The case they present to the court could include consideration of things like one or both of their ages and health, continuing income and other assets, the recipient’s need for continued support and even things like whether the obligor adequately saved for their retirement.
When does the person paying alimony have to make their case for retirement?
What if the paying spouse seeks to retire before they hit FRA and either stop or modify their payments? Then the burden shifts to them to show “by a preponderance of the evidence that the prospective or actual retirement is reasonable and made in good faith.”
The court would look at the same health, age and financial factors above for both parties. They would also consider whether “the obligor’s prospective or actual retirement is reasonable and made in good faith.” That would include things like their “field of employment and the generally accepted age of retirement for those in that field.”
Everyone’s situation is unique. It’s generally best when ex-spouses can work together to help ensure that they can retire comfortably when they want or need to, without negatively impacting the other. However, it’s wise to be ready to present your case for or against modifying or ending alimony payments to a judge. Getting sound legal guidance as early as possible is important.