Alimony or spousal support helps even the financial playing field during and after divorce. It’s common for one spouse to put their career on hold or make it less of a priority for the benefit of the family. They might move down to part-time work to take care of aging parents. They might take an indefinite hiatus when the couple chooses to have children.
They may then struggle to support themselves independently without the income of a spouse. The courts have the ability to order a higher-earning spouse to provide alimony or spousal support for the other spouse. Factors including the length of the marriage, the financial circumstances of each spouse and even health concerns can influence the duration of an alimony order and the amount that one spouse pays the other.
Occasionally, people may find that changes in their circumstances make the alimony order seem outdated and inappropriate. When can they potentially go back to court to modify an order?
After the paying spouse experiences hardship
Judges issuing alimony orders carefully review family circumstances and then apply state statutes to the situation when determining what amount of alimony is appropriate and how long it should last. The ability of the paying spouse to afford their alimony payments is a key consideration.
Their circumstances may change suddenly for a variety of reasons. Perhaps they end up in a car crash that saddles them with medical bills and prevents them from working full-time.
Maybe they suddenly lose their job because their employer goes out of business. Provided that there is no reason to believe that their hardship is self-imposed, the courts might agree to reduce alimony obligations based on the changing financial circumstances of the paying party.
After the recipient improves their situation
A variety of different experiences might noticeably improve the financial circumstances of the spouse receiving alimony payments. They might get a new job or receive a sizable inheritance when a loved one passes. They might remarry.
If their financial circumstances have significantly shifted, then the courts may agree that they no longer truly require the same amount of spousal support or alimony. The paying spouse may be able to present information about the good fortune of the recipient spouse as a justification to modify or even terminate the alimony order.
Reviewing a current order and any change in circumstances with a skilled legal team can help people determine when alimony modifications might be an option. Spouses feeling the pressure of ongoing spousal support obligations can improve their circumstances by going back to family court in some cases.