Life rarely stays the same after a divorce — jobs change, people relocate, health conditions arise, and financial situations shift. These changes can make an existing alimony order unrealistic or unfair over time. So, when can you file for an alimony modification?
Understanding Alimony Modification
An alimony modification is a formal change to the amount, duration, or terms of a spousal support order. Modifications can be temporary or permanent, depending on the situation, and unless you or your former spouse agree on new terms and a court approves them, you are legally bound by the original court order.
Attempting to change alimony payment amounts without court approval can result in enforcement actions or contempt of court charges. Courts do not grant alimony modifications lightly, so you must typically demonstrate a substantial change in circumstances since the original order was issued.
Reasons to Modify Alimony Agreements
Some of the most common reasons for modifying alimony agreements include a significant change in income, retirement, remarriage, health issues, or changes in the cost of living. For example, if inflation or relocation significantly alters one party’s cost of living, courts may consider adjusting the alimony amount to reflect the new circumstances.
A serious illness, injury, or disability affecting either party can also alter financial needs and earning capacity, potentially warranting an adjustment to alimony. Moreover, if the receiving spouse remarries or begins cohabiting in a marriage-like relationship, the paying spouse can request that alimony be reduced or terminated. Contact Richards Family Law to learn more.
Alimony Modifications: How and When
While former spouses can agree privately on new terms, they must still have the court approve changes to make them legally enforceable. Here’s how the alimony modification process generally works:
Step One: Review the Divorce Decree
Your divorce judgment for separation agreements may outline specific conditions under which you can request an alimony modification, with some agreements prohibiting changes for a set period.
Step Two: Document Circumstantial Changes
Gather financial records, employment documents, medical reports, and other evidence showing a substantial and continuing change in your situation.
Step Three: Consult an Attorney
An attorney can help you evaluate your eligibility, file the right paperwork, and present your case in court.
Step Four: File a Formal Request
Your lawyer will submit a petition to modify alimony, explaining the changing circumstances and providing supporting evidence.
Step Five: Attend the Hearing
Both parties may present evidence and testimony, but the judge will determine whether the modification is warranted based on the evidence and applicable state law.
Factors Courts Consider in Alimony Modifications
Judges weigh multiple factors before granting an alimony modification. These factors include the reason for the change in circumstances and whether the change is voluntary or involuntary. Other factors include each party’s current financial situation and the original purpose of the alimony award (i.e., rehabilitative vs permanent).
Timing also matters, so don’t wait too long. Most courts will not make modifications retroactive before the date you file your request. If your circumstances change, act quickly to protect your rights. Contact Richards Family Law for a free consultation.
What Happens When Alimony Modification Isn’t an Option?
Alimony modification is not possible in some cases. For example, if you’re divorce decree states that alimony is non-modifiable, or if the change in circumstances is minor or temporary, judges may not approve your request to modify. Attempting to handle an alimony modification on your own can cause mistakes that may delay or even prevent the outcome you want.
If you believe your situation justifies a change, speak with a qualified family law attorney as soon as possible. Acting promptly can help you modify your alimony agreement before financial strain or unfair terms take a bigger toll on your life.
