Alimony, also referred to as spousal support, is money that one spouse is required to provide to the other spouse during a separation or after a divorce. Generally, the higher-earning spouse is required to financially contribute to the lower-earning spouse for a set amount of time or indefinitely. This plan is designed to ensure that the lower-earning spouse is not financially devastated by the termination of the marriage. Under certain circumstances, a court may agree to adjust the spousal support payment plan. To learn when alimony can be modified and obtain representation contact a York County, PA alimony attorney.
Can Alimony Ever Be Modified?
Yes, alimony can be modified. Spousal support payment plans are included in the divorce decree which is a contract and legally enforceable. However, certain aspects of the decree are not set in stone.
Under certain circumstances, the amount of alimony that the supporting spouse pays or the frequency can be altered. Either spouse can request an increase, decrease, or termination by petitioning the court. There must be a valid reason and they must provide plenty of evidence of their new circumstances or financial situation proving why the modification is necessary. It is left up to a judge’s discretion whether or not to approve the change.
Under What Circumstances Can Alimony Be Altered?
A court will only seriously consider a change in the alimony agreement if the living or financial circumstances of either party have drastically changed in a way that impacts their needs or ability to pay.
The following may grant either party a modification of the alimony agreement.
- Drastic change in salary: If the paying spouse gets fired or a demotion they may no longer be able to afford alimony or at least at the same rate. They can petition the court for a decrease in monthly payments. However, if they get a raise or promotion the dependent spouse can request an increase in alimony. They will have to prove that they have a real need for additional alimony, not just that the paying spouse now makes more. On the other hand, if the dependent spouse gets a raise the paying spouse may be able to prove that they no longer have a need for alimony and request a termination.
- Illness or disability: A modification may be granted if either party becomes seriously ill or disabled. They may be forced to take a pay cut or need additional funds to spend on medical bills.
- New relationships: If the dependent spouse has a new romantic partner and decides to move in with them or get married, the paying spouse could argue that they no longer need alimony since the new spouse will help financially support them.
- Retirement: If the supporting spouse retires it will impact the amount of money they make and therefore their disposable income that they can put towards alimony.
A court will not grant a modification based on a temporary or unreasonable reason. If you are interested in an adjustment of your spousal support plan reach out to an experienced attorney for more information.
