What is a Valid Reason to Modify Alimony?
Posted October 10th, 2024.
Categories: Blog.
Alimony, or spousal support, can be altered but a court will not grant a change on a whim. There are only a few valid reasons to modify an alimony agreement. If you are considering requesting a spousal support modification work with a skilled Cherry Hill alimony attorney to learn more about the chances of your request being granted.
What is Alimony?
Alimony is financial support that one spouse pays to the other after a separation or divorce. If one spouse was unemployed, has a significantly lower earning capacity than the other, or contributed to the marriage in other ways, alimony may be awarded as compensation and a way to ensure the divorce does not create an undue financial strain.
When Will a Court Modify an Alimony Agreement?
There are few circumstances where a court will agree to modify an alimony agreement, whether the requested change is for an increase, decrease, or termination. The requesting party must have had a significant change in their financial situation or life to warrant a modification.
One of the ways that a court may consider altering the agreement is if the paying spouse experiences a serious pay cut. Losing their job may not count as unemployment as it is a temporary issue but if they have not been able to find work for a long time then they may request a modification. If they are unwillingly demoted or have their salary decreased they may not be able to afford alimony anymore which is a valid reason for a decrease.
If the dependent spouse comes into more money the supporting spouse may be able to petition for a decrease. For example, if they graduate with a new degree and get a high-paying job or earn a promotion, they may no longer need monthly alimony payments or not as much.
If either party becomes ill or disabled a court could consider a modification. Depending on the situation they may need to pour a lot of money into treatments, surgeries, medication, physical therapy, etc. If the supporting spouse falls ill they can request a decrease or termination so they can reallocate their money towards their health. If the dependent spouse falls ill they can request an increase as their income may no longer cover their costs.
Another instance where a court may agree to adjust alimony is if the dependent spouse remarries. The paying spouse could argue that their ex’s new spouse can financially support them, meaning they should not have to pay spousal support anymore.
When the paying spouse reaches retirement age a decrease or termination of alimony may be granted. Retiring means that they will not have as much income as they did when they were working so a court could consider this a valid reason to adjust the terms.
Other life events may be considered valid reasons for a modification but in the end, it is up to the court to decide. Reach out to an experienced attorney for advice.
