When two individuals decide to end their marriage it can be emotionally difficult and overwhelming. There are many issues to discuss and settle, including spousal support. Spousal support, or alimony, is a financial obligation that one spouse owes to the other after a divorce or separation. This obligation is legally enforceable but under certain circumstances, spousal support payments can be modified. Discuss your situation with a Union County alimony attorney for knowledgeable legal advice and representation.
Can Spousal Support Ever Be Modified?
Yes, spousal support payments can be modified under certain circumstances. If there have been drastic changes in either the paying or receiving spouse’s life, a court may consider increasing or decreasing the amount of alimony required.
Change in Income
Any significant changes in income can be a valid cause for a modification. If the supporting spouse loses their job or gets demoted it can impact their ability to pay alimony, meaning that a court may decrease their financial obligation. If the receiving spouse gets a new high-paying job or receives a promotion they may also no longer have the same need for these payments.
On the other hand, if the receiving spouse sees a decrease in salary or the paying spouse gets a large raise, the court may decide to increase the spousal support payments.
Change in Relationship Status
The receiving spouse’s relationship status can impact alimony payments as well. If they move in with a new romantic partner or decide to get married, the supporting spouse may request a decrease in payments. If the receiving spouse’s new partner can and does financially support them, a court may grant a decrease or even terminate the supporting spouse’s obligation.
Disability or Ailment
A new disability or serious health concern can impact the amount of money either spouse can make. If the receiving spouse develops a disability and can no longer make any or as much income, they can request an increase in spousal support.
If the supporting spouse is the one with the health issues they can request a decrease in alimony. They may not be able to earn as much or they may have to redirect their income to medical bills and recovery.
Retirement
The supporting spouse retiring can also impact alimony payments. Without the same amount of income, they may request a decrease or termination of alimony payments. A court may grant this request after examining their new financial information.
How Can I Request a Modification?
If you want to request a modification of alimony payments you must first obtain help from an experienced attorney. They will help you understand your legal rights and obligations as well as guide you through the process of requesting a change in spousal support.
When seeking a modification the most important part is demonstrating that your circumstances have changed significantly to the extent that it warrants an adjustment of alimony. With the help of your lawyer, you must petition the court and present evidence to back up your claims of your new financial situation. Contact an attorney for help today.
