It is often a misnomer that alimony can never be changed. Modifying alimony can be accomplished, but modification is highly dependent on how the issue was addressed in your marital settlement agreement.
Most courts will entertain a modification if there’s a significant change of circumstances. The very first thing to do is to review your alimony agreement.
Analyze Your Alimony Agreement
- Identify the section of your Marital Settlement Agreement that discusses alimony.
- Check for the date or life event that lists the end of alimony after the divorce.
- Are there stipulations about when alimony can be modified?
- Is there a “non-modifiable” clause relating to alimony in your Marital Settlement Agreement?
Once you’ve reviewed the alimony section of your marital settlement agreement, you will want to outline your change of circumstances and compile evidence that supports that claim. The financial circumstances that lead to a modification may include:
- Involuntary loss of a job
- Reduced salary
- Illness or disability
- The supporting spouse experiences a change in their finances or is looking to retire
- The supporting spouse is now co-habituating with someone
It is prudent to go over these changes with your family law divorce attorney to confirm the facts as well as the current laws and guidelines. Does the cost to bring a motion make sense? What are the related financial savings to you? Do you have enough evidence supporting your claim? Are you prepared to show financial records?
The issue of alimony is one of the more complex issues that divorce attorney’s handle. At Buncher Family Law, our attorneys have years of experience navigating the process of changing alimony and support. Feel free to schedule a Clear Legal Strategy Meeting to review your options.