A requirement that one spouse pay to the other spouse alimony can be set forth in an order of a court, said amount being set either after a hearing or by the agreement of the parties, Quite often, at some point after the date of the order, the amount paid for alimony becomes unfair, even if it was a fair amount as of the date of the order or agreement. The law of New Jersey allows a court to modify the alimony order upon certain conditions.

The standard basis for the modification of an alimony (also commonly known as "spousal maintenance") is upon a showing of "changed circumstances", either as to the payor of alimony or the recipient of alimony. The burden of proof when a request is made for a change of alimony will be upon the person requesting the change. This means that unless the person requesting the change can show that there are sufficient reasons for the change of the alimony award, the court will leave the prior alimony award in effect.

It is also important to note that the request for modification of alimony must be upon circumstances that did not exist at the time of the original order. For example, a request for a increase by the recipient of alimony upon health problems will not be granted if such health problems existed and were known at the time of the original order.

There are several different underlying reasons for a court to find that a change in circumstances warrants a change of alimony. Said reasons include but are not limited to an increase or decrease in income of either party, health issues, a change of assets available to either party, and the financial conditions of each party.

A recent case before the Supreme Court of New Jersey presented the issue as to the standard of living of the parties upon the application for a modification of alimony. The Court found that both parties to an alimony order are entitled to be maintained in a lifestyle similar to that enjoyed during the marriage of the parties to the extent possible. It is believed that this finding may enhance the likelihood of modification of alimony awards in situations where the lifestyles of the respective parties have grown significantly different in the years following the alimony order.