Divorce agreements often include spousal support, or alimony, to help the lower-earning spouse stay financially stable. But what happens when life circumstances change? If you or your ex-spouse have experienced a significant shift in finances, employment, or personal life, modifying spousal support might be necessary. Here’s what you need to know about adjusting alimony after your divorce is finalized.
Spousal support isn’t necessarily set in stone. In many cases, it can be modified if a substantial change in circumstances occurs. However, not all support agreements allow for modifications, so checking your divorce decree or settlement terms is essential.
Common reasons for requesting a modification include:
Before taking steps to modify support, review the terms of your original divorce agreement. Some agreements include a waiver of future modifications, meaning neither spouse can request changes, no matter the circumstances. If your agreement allows modifications, it will likely outline the process you must follow.
If your divorce decree is unclear about modifications, you may need to consult with an attorney to help understand your options. Some states have specific laws on what qualifies as a “substantial change in circumstances,” and courts may require strong evidence before granting a modification.
If you believe you qualify for a modification, there are a few key steps to take:
You’ll need to provide evidence of the change in circumstances to support your request. The stronger your documentation, the more likely the court will consider your request.
This may include:
Before going to court, consider having a conversation with your ex-spouse. If both parties agree to modify support, you can submit a joint request, making the process smoother and faster. If your ex is unwilling to negotiate, you may need to take formal legal action.
If you and your ex can’t come to an agreement, you’ll need to file a motion to modify support with the court that handled your divorce. The court will then review your case to determine whether a modification is warranted.
The process typically includes:
A judge decides whether to grant, deny, or adjust the request based on the evidence presented.
If your case goes before a judge, be prepared to explain why the modification is necessary.
The judge will consider factors like:
Each case is unique, and the judge’s decision will depend on the details presented in court. The burden of proof is typically on the person requesting the modification.
In some cases, spousal support can be terminated entirely rather than just adjusted. This is more likely if the recipient spouse remarries, has a significant financial increase, or has no valid reason for receiving support.
However, termination isn’t automatic. If you believe support should end, you must file a request and prove why continued payments are no longer necessary.
Don’t wait too long if you’re facing financial hardship and need to reduce your support payments. Courts rarely grant retroactive modifications, meaning you could remain responsible for payments until an official change is approved. The sooner you file your request, the sooner adjustments can take effect.
Life changes, and sometimes spousal support needs to change along with it. Understanding the modification process is key if you’re struggling to make payments or believe your ex no longer needs financial assistance. Review your divorce agreement, gather substantial documentation, and explore negotiation before taking legal action.
Being proactive can make all the difference in achieving a fair outcome. While the process takes time, the right approach can help ensure support reflects your current financial situation.
If you need to modify your spousal support order, experienced legal guidance can help. Contact Michael E. Bryant to discuss your case and take the following steps toward a fair resolution.