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Sunday, February 28, 2016

NANCY E. LANDERS VS. PATRICK J. LANDERS A-3931-14T3


NANCY E. LANDERS VS. PATRICK J. LANDERS
          A-3931-14T3
In this matter, we clarify the application of the 2014 amendments to the alimony statute addressing the modification of alimony when an obligor retires. When an obligor files an application to terminate or modify alimony upon his or her retirement, the circumstances of the parties are examined under N.J.S.A. 2A:34-23(j). More specifically, subsection (j)(1), which places the burden of proof on the obligee to rebut the presumption to terminate alimony when an obligor reaches full retirement age as defined under the statute, is used for alimony awards entered after the effective date of the amended statute. On the other hand, subsection (j)(3), which requires an obligor to demonstrate by a preponderance of the evidence modification or termination of alimony is appropriate, governs review of final alimony awards established prior to the effective date of the statutory amendments.