NJSBA Family Law Section

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  • 1.  Alimony Termination/Modification

    Posted 01-23-2018 09:50 AM
    Hello.  My client has been paying permanent alimony since the divorce in 2002.  He is now retired at 57 from the prison system due to mandatory retirement by the organization.  He is receiving pension, as is his wife (her marital share of  his).  Although he is still working in some capacity, it is not at the same earnings.  He would like to file a motion to modify/terminate alimony based upon his mandatory retirement and decreased earnings.  The Property Settlement Agreement does not address/define standard of review for terminating/modifying alimony.  
    I have reviewed NJSA 2A:34-23(j), and it seems like subsection (3) would be applicable, however, he has not reached full retirement age.
    Any suggestions? Thank you!!

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    Alison Weinroth Esq.
    Cherry Hill NJ
    (856) 429-5507
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  • 2.  RE: Alimony Termination/Modification

    Posted 01-23-2018 09:55 AM
    If it is a mandatory retirement age for his field of work, then that is a significant factor in showing "good faith" retirement.  N.J.S.A. 2A:34-23(j)(2)(b) and (c) (and really most of the other factors in that subsection).


    Gregory Thomlison, Esq.
    Kerr & Thomlison, L.L.C.
    650 Washington St.
    Suite 1C
    Toms River, NJ 08753
    Ph. (732) 736-8100
    Fax: (732) 736-9505

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  • 3.  RE: Alimony Termination/Modification

    Posted 01-23-2018 10:55 AM
    The statute applies and the standard in the statute for early retirement applies 

    Sent from my iPhone



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  • 4.  RE: Alimony Termination/Modification

    Posted 01-23-2018 11:34 AM

    Dear Allison:

     

    The statute has factors that include the normal retirement age.

    Roll with the factors.

     

    Mike

     




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  • 5.  RE: Alimony Termination/Modification

    Posted 01-24-2018 01:55 PM

    Actually, I think paragraph (2) will be of more help. Paragrpah (2) begins by referring to those circumstances when an obligor seeks to retire prior to attaining the full retirement age. Subparagraph © refers to "mandatory retirement dates".

    It seems to me that your client is facing a mandatory retirement (as you note) but his application would probably be for a modification depending on other factors such as his part time earnings and the extent of his former wife's share of his pension.

    Good luck.

    Gerry Skey

     

    W. S. Gerald Skey, Esq.

    Law Offices of W. S. Gerald Skey, Esq.

    Princeton Commerce Center, Suite G-60

    29 Emmons Drive

    Princeton, New Jersey 08540

    Phone (609) 436-5222

    Fax (609) 228-5242

    www.skeylaw.com

     

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