Legal Question in Family Law in New Jersey
Alimony Requirements
10 months ago my wife and I separated. We were married in 1984
and have 3 children. 19 18 16 My wife had an attorney prepare
a 30-page detailed agreement that outlined all of the T + C of asset distribution and spousal support, etc. We both
signed the agreement. The agreement included language that suggested
the agreement was final - no chance to change. I agreed to pay alimony for 7 years. She is a full-time
teacher and I am a full-time executive. We both live comfortably at a
middle-class standard. I don't have a problem paying alimony for
7 years. But I have no interest in paying alimony beyond that. However, I am somewhat familiar with the case Lepis vs. Lepis
and I'm concerned that my ex-wife could potentially have the duration
of
the alimony extended, potentially even for life.
Since we both agreed willingly to the T + C's of the alimony (amount and duration) in a signed/notarized
agreement, can this be modified? If so, how difficult would it be for
her to obtain modification and for me to
fight
modification? I just want to plan my future without this hanging over
my head
3 Answers from Attorneys
Re: Alimony Requirements
It depends on the terms of the Agreement. Some Agreements are worded such that there can be no request for alimony above and beyond that which was agreed to. Others leave it open. Without a careful review of the Agreement by an attorney, no answer can be given to your question. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner
Re: Alimony Requirements
It is very difficult to advise you on this issue without reading the language in your Agreement. However, in general, if someone can show a substantial change in circumstances which occured since the Agreement was signed (ie. loss of income, substantial increase in income, loss of job, disability, etc.) she may be able to have the alimony provision modified. There is also a question of marital lifestyle, and how that issue was handled in your Agreement and in the divorce hearing. I don't know that there is any further advice I can give you without reviewing the Agreement. If you would like to further discuss this matter, please feel free to contact my secretary, Debbie, at 856-795-6700.
Re: Alimony Requirements
You are probably safe from an extension of the term of spousal support and from the amount being increased. With the advice of counsel she limited the term of spousal support.
If you want out of the agreement now, you would be required to demonstrate, convincingly, that you have suffered a significant, involuntary loss of your earning capacity.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
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