What is the legal test that the court uses to assess whether an early retirement constitutes a “change of circumstances” to reduce alimony?
Another key case is Dilger v. Dilger, 242 N.J. 380 (Ch. Div. 1990). In the Dilger case, a former husband, who had a pre-existing alimony obligation to his former wife of 30 years, voluntarily retired at the age of 62 ½ years. The husband sought to reduce his alimony based on this changed circumstance. The court found that the former spouse’s voluntary retirement at the age of 62½ was not made in good faith, and it was unreasonable under all of the circumstances presented. The court noted that a reasonable retirement age would, in most cases, be 65.
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- What is the legal test that the court uses to assess whether an early retirement constitutes a "change of circumstances" to reduce alimony?
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