When Can an Application to Terminate or Modify Alimony due to Retirement be Made?

Since the modification of the New Jersey alimony statute in September 2014 litigants and attorneys have been grappling with how Courts will address many of its new provisions.  NJSA 2A:34-23(j)  provides that “alimony may be modified or terminated upon the prospective or actual retirement of the obligor,’ but up until recently there was no guidance in case law as to when a Court might consider such an application based upon a “prospective”future retirement date.