Spousal support, also known as alimony or spousal maintenance, can be an important part of a divorce. Spousal support payments can allow dependent spouses to live separately during and after a divorce.
Especially if one spouse gave up their career to raise the couple’s children, they may need assistance as they start working to rebuild their careers and their financial independence. Longer marriages may lead to longer spousal support orders, and marital living standards can influence support amounts.
Both spouses may question whether the existing order is still appropriate given their circumstances. When is it an option to modify a support order after the courts have issued it?
A major change in circumstances is necessary
To convince the courts to hear a support modification case, a spouse paying or receiving support must have documentation showing a substantial change in circumstances. If the recipient spouse secured a job with an excellent salary, that could be enough of a change to warrant a reduction of the amount of support ordered or an early termination of the existing order.
The remarriage or cohabitation of the recipient spouse could also meet the statutory requirements for a support modification request. The paying spouse might also be able to request a modification in cases where their ability to pay has diminished due to job loss or medical issues.
Reviewing the language of a spousal support order and any recent changes in personal circumstances can help people determine whether they may be eligible for a support modification. The assistance of an attorney can help people gauge when modifications are possible and may make it easier to present a compelling case in family court.
