I have just turned 65 years of age, and I am retiring next month from my job at the plant. Once I retire can I stop paying alimony to my former wife?
In contrast with the more controversial early retirement cases, the courts have consistently held that a good faith retirement at the age of 65 may constitute a change in circumstances for purposes of reducing alimony. See, Silvan v. Silvan, 267 N.J. Super. 578 (App. Div. 1993). In virtually all cases wherein an applicant is over the age of 65 years of age, and if the former husband files an alimony reduction motion, at the very least he is given a Lepis hearing. In this type of scenario, the court will schedule the case for a Lepis hearing. A person will usually receive a hearing in about three to four months after the Lepis application is filed. Depending on the complexities of the case, and the number of witnesses, the case will be heard over a course of several months. It is very rare for a court to devote an entire day for a Lepis case. Unfortunately, this factor increases the costs of litigation. Lawyers have to charge their clients if they have to wait in court for the case to b
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