Alimony has the same meaning as spousal support; both terms apply to the financial aid given to the other spouse after divorce. Even though it is necessary, things change in life, and sometimes, the provisions of a spousal support agreement can become unworkable or unjust.
Learn when and how to request a modification of spousal support if you need an adjustment. This guide will highlight some common scenarios that may call for a modification and what steps you can take to request one.
When Can Spousal Support Be Modified?
As a rule, spousal support can be modified if either (1) the paying spouse no longer has the means to pay or (2) the receiving spouse finds that their need for support is no longer there. Below are some frequent situations that could warrant a change:
- Job loss: If the spouse making the support payment loses their job, is demoted, or has other changes to income out of that person’s control, they can ask for a modification reducing their obligation. Conversely, if the spouse receiving support has a wage boost, the paying partner may attempt to modify or end payments.
- Remarriage/cohabitation: Depending on your state, spousal support can be changed by a Judge's court order (or cut off altogether) if the spouse receiving support gets remarried or starts living with a new partner. This modification may signify that the payee no longer needs spousal support from their ex-spouse.
- Retirement: If a payor spouse retires, their income may be significantly lower than prior income levels and, therefore, more challenging to maintain the same level of spousal support. Retirement will be found by a Divorce court judge reasonable or unreasonable depending on the age and health of the spouse supporting you, among other issues.
- Health Problems: The paying spouse may be entitled to a modification if they experience a severe health problem that reduces their ability to earn income or result in higher expenses (such as due to medical bills). Likewise, the recipient spouse might ask for a higher amount if their health deteriorates and they need more help.
- Substantial Changes in Financial Circumstances: If the former spouse entitled to support becomes more financially strapped than was previously anticipated — such as due to significantly higher living expenses, bankruptcy, or new spousal obligations following a second marriage — this may also be grounds to seek an adjustment in spousal maintenance payments.
- Expiry of a Set Period: Many spousal support arrangements are temporary and for a certain period—rehabilitative alimony is one example, as it assists a spouse in eventually becoming self-sufficient. When that period ends, there may be a request for modification to extend it.
How to Petition for a Change
If you realize it is time to modify spousal support, here are the steps to follow:
- Review the Original Order: The initial step in spousal support modification is to review the original order for any terms that discuss the ability or inability to modify. Some orders have specific guidelines about when and how changes can be made.
- Get Legal Help: Spousal support modification is more complex than it sounds, and you need to secure reputable legal representation. A family lawyer can evaluate your case, outline what you can do, and lay the foundation for a solid showing to modify — or uphold, depending on which side of the coin you are on — custody.
- File a Petition with the Court: This typically requires filing a petition with the court that initially issued the support order. You should set out the change in circumstance in this document with supporting evidence to justify your request.
- Submit Proof: Collect and submit documentation that validates the new conditions. This proof can include pay stubs, tax returns, medical receipts, proof of marriage, or anything similar.
- Attend a Court Hearing: In most situations, the court will set a hearing date considering your petition. It would help if you were also ready to put your case and answer questions from the judge. They will determine whether such modification is warranted based on the evidence.
Final Thoughts
When life events happen, adapting spousal support may be required. If you want to decrease, increase, or end support, know the process and ensure a lawyer is on your side.
For information on spousal support change, please get in touch with The Law Office of Anthony Griego for a free consultation to discuss your specific legal needs.
Disclaimer:
The content provided on this blog is for general informational purposes only and is not intended to constitute legal advice. Laws and regulations are complex, frequently subject to change, and may vary depending on jurisdiction. As such, readers should not act upon or rely on any information presented on this blog without first consulting with a qualified and licensed attorney who can address and tailor guidance to your unique legal circumstances.
