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Modify Your Alimony Obligation Before Retirement

Modify Your Alimony Obligation Before Retirement

In Mueller v. Mueller, a judge interpreted the legislative intent of modifications to N.J.S.A. 2A:34-23 to allow for pre-retirement anticipatory alimony modification. Ocean County Superior Court Judge Lawrence Jones held that the legislative intent was to allow for modification or termination of alimony obligations in the event that retirement is to occur in the near future and a detailed plan for actual retirement exists. Judge Jones found that there is a benefit in allowing a party contemplating retirement to understand fully what their actual alimony obligation will be prior to fully exiting the workforce. The judge set forth no specific time limits but suggested a 12 to 18 month timeframe for such motions. Judge Jones determined that Gordon Mueller’s retirement, planned for 5 years following the post-judgment motion hearing, was too uncertain to warrant a reduction at the present time. If you are considering retirement but have an existing alimony obligation you now have an opportunity to determine what type of obligation you will face after retirement and whether you will be able to live the lifestyle you wish during retirement. For more information about post-judgment modification of alimony, child support, parenting time and other family law matters, visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

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