2. Can a person request alimony after the divorce is over?
In many divorces, neither party receives any alimony. This is because the dependent spouse has sufficient income to support herself, and to maintain a reasonable standard of living. However, unforeseen circumstances may arise after the divorce to justify alimony. (ie., Serious illness and an inability to work) In cases such as these, the sick spouse will file an application for alimony even though the judgment of divorce does not provide for any. If the case has merit, then the court will schedule a plenary hearing to determine if an award of alimony should be made. This type of hearing is also called a Lepis hearing. The court will examine the financial situation of both parties, the standard of living enjoyed during the marriage, the sick spouse’s current prognosis, and any other relevant factors.
3. What is the standard of law to modify alimony?
Alimony can always be modified upon a showing of a “change of circumstances.†The party who is seeking a modification of alimony bears the burden of proving that there is a “change of circumstances.†The party must show how the changed circumstances have impaired his ability to earn a reasonable living.
4. What is all the fuss about that Lepis case?
The Lepis holding is the major case that the family courts use to analyze alimony reduction applications. These types of hearings are often called Lepis cases. The court in Lepis v. Lepis, 83 N.J. 139 (1980), listed the following as some of the changed circumstances that courts have recognized as grounds to reduce alimony;
An increase in the cost of living.
An increase or decrease in supporting spouses’ income.
Continue Reading