What if My Spouse Is Hiding Assets in Our Divorce?
Executive Summary: A Lepis motion is a request to modify an existing family court order in New Jersey due to substantially changed circumstances. The term comes from the New Jersey Supreme Court case Lepis v. Lepis (1980). Courts may modify alimony or support obligations when financial conditions, employment status, health, or cohabitation significantly change. The moving party must first show credible evidence of the change before the court conducts a full financial review.
Divorce judgments are meant to create stability. Alimony, child support, and custody terms provide a framework for life after the marriage ends. But life does not stay static. Careers change. Businesses grow or contract. Health problems arise. People relocate. Financial realities shift.
New Jersey law recognizes that court orders sometimes need to change after a divorce. When that happens, one of the most important legal tools available is known as a Lepis motion.
For individuals with established careers, business ownership, or significant financial obligations, understanding this motion can make a meaningful difference in long-term financial planning.
What Is a Lepis Motion?
A Lepis motion is a request asking the court to modify a prior family court order because circumstances have substantially changed. The term comes from the New Jersey Supreme Court decision Lepis v. Lepis, 83 N.J. 139 (1980). In that case, the court held that support obligations may be modified when a party demonstrates “changed circumstances.”
This principle is now widely applied in family courts across the state. A successful Lepis motion can modify orders related to:
- Alimony
- Two important exceptions: reimbursement alimony cannot be modified for any reason, and limited durational alimony may only be changed under certain circumstances.
- Child support
- Certain financial obligations tied to divorce agreements
The key requirement is showing that circumstances have materially changed since the original order was entered.
What Counts as “Changed Circumstances”?
Courts do not grant modification simply because one party wants different terms. The change must be substantial and ongoing. Common examples include:
Loss of employment: A job loss or significant income reduction may justify revisiting support obligations if the change is involuntary and not temporary.
Major increase in income: If one spouse’s earnings increase significantly, support obligations may be reconsidered depending on the structure of the original order.
Retirement: New Jersey courts sometimes review alimony when a supporting spouse reaches retirement age, particularly if the retirement is reasonable.
Retirement is now governed by its own statutory framework rather than the general changed-circumstances standard alone. Under N.J.S.A. 2A:34-23(j), there is a rebuttable presumption that alimony terminates when the paying spouse reaches full retirement age. The separate reasonableness and good faith test applies when that spouse seeks to retire early.
Health issues: Serious illness or disability that affects earning capacity may qualify.
Cohabitation: Under New Jersey law, cohabitation by the supported spouse may result in the suspension or termination of alimony obligations under New Jersey’s Alimony Statute.
Long-term financial changes: A sustained shift in income or financial conditions may also qualify.
Short-term fluctuations rarely meet the legal standard.
The Two-Step Process Courts Follow
New Jersey courts follow a structured approach when evaluating a Lepis motion.
Step 1: Showing a prima facie change in circumstances
The party filing the motion must present initial evidence that a meaningful change occurred. Courts often require financial documents such as:
- Updated tax returns
- Pay stubs
- Case Information Statements
- Business income records
If the judge finds the initial showing credible, the case may move to the next step.
Step 2: Full financial review
Once the court determines that changed circumstances may exist, it may allow further financial discovery. This stage often includes a deeper examination of income, expenses, and assets.
The court then decides whether modification is appropriate.
Why Evidence Matters
Family courts rely on documentation, not assumptions. A party seeking modification must demonstrate:
- When the financial change occurred
- Whether it is likely to continue
- How it affects the existing support order
Judges evaluate credibility carefully. Incomplete financial disclosures or inconsistent records can weaken a motion.
For individuals with complex compensation structures such as bonuses, stock grants, or business distributions, financial clarity becomes especially important.
It’s also important to understand that self-employed individuals often face heavier burdens, as New Jersey law requires an analysis of both economic and non-economic benefits received from the business, compared against those in place when the initial order was entered, rather than something like a simple tax return showing a lower income.
Deciding Whether a Motion Is Worth Filing
Not every financial change justifies filing a motion. Court proceedings carry legal costs. A practical approach involves asking whether the financial impact is significant enough to justify litigation. For example:
- A temporary income dip may not justify a motion
- A permanent reduction in earnings might
- A major increase in the supported spouse’s income may justify a review of alimony
Family courts value efficiency and preparation. Judges expect parties to bring well-supported motions rather than speculative claims. A thoughtful legal strategy often focuses on long-term outcomes rather than short-term disputes.
When to File a Lepis Motion
Courts expect motions to be filed within a reasonable time after the financial change occurs. Waiting too long may weaken the argument that the modification is necessary.
At the same time, filing prematurely before the change becomes clearly established can also create problems. The key is documenting the change and presenting it at the appropriate time.
One timing rule is fixed rather than discretionary. Where a party who is not self-employed seeks to reduce alimony after an involuntary loss of employment, N.J.S.A. 2A:34-23(k) provides that no application may be filed until that party has been unemployed, or unable to return to prior income levels, for 90 days. Relief may then be made retroactive to the date the income was lost.
Frequently Asked Questions About Lepis Motions in New Jersey
What is a Lepis motion in New Jersey?
It is a motion asking the court to modify an existing support order because circumstances have materially changed since the divorce judgment.
How much of a financial change is required?
The change must be substantial and ongoing. Temporary income fluctuations usually do not qualify.
Can retirement justify a Lepis motion?
Retirement is governed under N.J.S.A. 2A:34-23(j). Alimony is rebuttably presumed to terminate when a paying spouse reaches full retirement age, though the recipient spouse can argue for continuation. Early retirement often carries a heavier burden that the retiring spouse is doing so in good faith.
Can alimony increase through a Lepis motion?
Yes. If the supported spouse’s needs increase and the paying spouse’s income rises significantly, the court may review the support amount.
What evidence is needed to file a Lepis motion?
Courts usually require updated financial records such as tax returns, pay statements, and an updated Case Information Statement.
When the Court Reviews a Support Obligation
Divorce orders and settlement agreements create structure, but they can be modified if necessary.
New Jersey courts retain the authority to modify financial obligations when circumstances shift in a meaningful way. The Lepis decision provides the framework for doing so. If income, employment, retirement plans, or cohabitation issues affect an existing support order, the court may revisit the arrangement.
The Law Office of Stephanie Albrecht-Pedrick, LLC advises clients throughout South Jersey who want a clear, practical approach to post-divorce financial issues. If a change in circumstances may justify modifying an existing order, a confidential consultation can help determine the next step.
