Retirement and Modification of New Jersey Alimony
In New Jersey, there is a rebuttable presumption that alimony ends when the payor reaches full retirement age, earlier retirement must be shown to be reasonable and in good faith, and modification after a loss of income turns on the reasons, job search efforts and the recipient’s circumstances.
Retirement
Alimony may be modified or terminated on the prospective or actual retirement of the obligor. There is a rebuttable presumption that alimony terminates when the obligor reaches full retirement age, without vacating arrears, and the court may set a different date for good cause with specific written findings (N.J.S.A. 2A:34-23(j)).
Overcoming the presumption
The factors include the parties’ ages, the economic dependency of the recipient, whether the recipient gave up claims for a longer alimony award, the duration and amount already paid, health, assets, income, whether the recipient has reached full retirement age and the recipient’s ability to have saved for retirement.
Early retirement
An obligor who wants to retire before full retirement age must show by a preponderance of the evidence that it is reasonable and made in good faith; the court considers the obligor’s field, age of eligibility, motives, the parties’ expectations, the ability to keep paying and the financial impact on the recipient.
Modification on a loss of income
For a non-self-employed party seeking modification, the court considers the reasons for any loss of income, documented efforts to find replacement work, good-faith efforts to take any remunerative job, the recipient’s income and efforts to be employed, health, severance and changes in the parties’ circumstances since the order (subsection k).
Reimbursement alimony
An award of reimbursement alimony shall not be modified for any reason.
Questions to bring to an attorney
Ask whether your order has a termination date and how retirement would be treated.
Evidence to gather
Current and original case information statements, pay and tax records and records of any job search or retirement plans.
Frequently asked questions
When does New Jersey alimony end at retirement?
There is a rebuttable presumption that it ends when the payor reaches full retirement age.
Can I retire early and stop paying New Jersey alimony?
Only if you show the retirement is reasonable and in good faith.
Does remarriage end New Jersey alimony?
Alimony generally ends on the recipient's remarriage; confirm the terms of your order or agreement.
Can New Jersey alimony be modified after job loss?
The court considers the reasons for the loss, replacement-job efforts and the recipient's circumstances.
Are New Jersey arrears erased at retirement?
No. Arrears that accrued before the termination date are not vacated.
Official sources
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited New Jersey statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed New Jersey attorney.