It is important that a paying spouse continues to follow the court’s order or agreement executed by the parties in regard to alimony. When a couple divorces, they can agree to or the court can decide on the amount of alimony needed and for how long it should be paid. If litigated, the court will decide on one of 4 alimony structures, including open durational, limited duration, rehabilitative, or reimbursement. Once the divorce is finalized, there are a few ways in which the paying spouse can go about trying to reduce the paying obligation.
One option for a paying spouse to consider is discussing the payments with the payee. If the parties can agree outside of court to a modification of alimony, they may be able to draft and execute some kind of consent order to be used if disputes arise.
The other option is to ask the court for a post-judgment modification. This means that the payer will have to convince the court that the alimony structure is unjust in light of a significant change in circumstance. While the legal standard is high, some of the reasons a person may request a modification include a change in income, a change in the payee’s dependence, illness, and others. Furthermore, it is important to prove that this change is permanent. One will most likely not be able to change an alimony amount for a temporary change in circumstance.
When considering the pursuit of a change in alimony structure, it is important to discuss your situation with an experienced legal professional. Contact Ross & Calandrillo, LLC.