When a marriage ends, it's not unusual for one spouse to pay alimony (also called spousal support or spousal maintenance) to the other after the divorce. The marital settlement agreement or divorce judgment contains an order that defines the terms of the alimony payments, like how much will be paid each month and when the payments will be made. Some orders also say when alimony ends--this might be a specific date or be connected to an event, like the remarriage of the person receiving alimony. The order may also describe circumstances under which alimony can be modified--for example, if the paying spouse becomes unemployed--or may say that the amount can't be changed under any circumstances.
However, if the settlement agreement or order doesn't address the issue of when alimony can be modified, then a paying spouse who is unable to pay must ask the court to make a change, and must prove why the reduction is justified. In order to convince the court to reduce (or even terminate) alimony, the paying spouse must demonstrate a significant change in the financial circumstances of one or both spouses, such as:
- Unemployment or wage reduction
- Illness or disability
- Remarriage of recipient spouse
- The former spouse cohabitating with an adult of the opposite sex
- Increase in former spouse’s income
The court will allow the parties to conduct discovery, meaning each will be entitled to ask the other for financial documentation like paystubs, tax returns, and financial statements.
The change in circumstances must be significant in order--the judge won't grant a reduction based on a minor adjustment to either spouse's income or other financial resources.
Modifying alimony can be complicated--you will probably want an attorney to help you.
