During a separation or divorce, one spouse may be required to pay spousal support to the other. Spousal support, also known as alimony, is monthly payments that a higher-earning spouse pays to a lower-earning spouse to continue financially supporting them and to ensure that they are not significantly and detrimentally impacted by the termination of the marriage. Although spousal support is legally enforceable, the agreement can be modified depending on certain circumstances. A Sparta NJ alimony attorney can help you navigate the legal process of requesting a modification to spousal support. Call today for more information.
When Can Spousal Support Be Modified?
There are a number of instances in which a court may consider adjusting the amount of alimony you pay or receive. Circumstances change and unforeseeable events happen every day. Modifications are allowed to ensure that the spousal support plan does not become an undue burden or hardship for either party.
The following are some reasons a court may allow a change in spousal support.
- Change in income: Any serious change in income for either party can be a valid reason for an adjustment. If the receiving spouse sees a significant increase in their salary they may no longer need the additional support from their ex. If the paying spouse gets demoted or fired a court may decide that they can no longer afford to pay alimony.
- Change in relationship status: If the spouse who receives alimony moves in with a new romantic partner or gets remarried, the supporting spouse may request a modification or termination of alimony. They may argue that their ex is now financially supported by their new relationship.
- Retirement: When the paying spouse reaches retirement age or retires, spousal support payments may be modified or terminated. When an individual retires they usually begin making less money, meaning they may no longer be able to support both themselves and their former spouse.
- Disability: Another major change that can impact spousal support is the development of a disability or illness. The paying spouse may not be able to afford alimony if they have to focus their funds on their own health or begin earning less due to a disability or illness. Likewise, the receiving spouse may request an increase if their earning capacity is hindered by a new disability.
If the change in circumstances is temporary or negligible, the court will generally refuse to alter the agreement. Whether or not your modification request is approved depends on various factors and details related to your situation.
How Can I Request an Alimony Modification?
The only way that you can modify your previous alimony agreement is by receiving written consent from your former spouse or by being issued a new court order. You should obtain help from an attorney when petitioning the court for a modification.
You will need to prove that your circumstances have drastically changed since the original agreement was signed and show how this change warrants an adjustment of alimony. Whether you are the paying or receiving spouse, you must provide all relevant evidence including medical records, financial statements, etc.
Reach out to an experienced lawyer for more information and to begin the process of requesting a modification today.
