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. Sunday, February 28, 2016
NANCY E. LANDERS VS. PATRICK J. LANDERS A-3931-14T3
