Spousal support is a common factor when a marriage ends as many divorces require the higher-earning spouse to continue financially supporting their ex. Spousal support can be modified under certain circumstances but it depends on a variety of factors. Speak with a Suffolk County alimony lawyer for more information and representation during your case.
What is Spousal Support?
Spousal support, more commonly referred to as alimony, is a financial obligation that one spouse owes to the other after a separation or divorce. Alimony is designed to limit an unfair financial impact on one spouse after a divorce. It provides income to a spouse who has a lower or no earning capacity or reimburses them for their efforts or contributions to the marriage.
When Can Spousal Support Be Modified?
A court determines or approves the amount of spousal support that one party is required to pay to the other. The agreement is legally binding and both parties must abide by the stipulations of the court. Going against these rules can result in an individual being in contempt. But what happens if the paying spouse can no longer afford their payments or circumstances change?
Both the paying party and receiving party can request a modification after alimony is determined. A modification is an adjustment of the current payment plan. A court may approve a modification of the previously agreed upon spousal support plan if any of the following circumstances are relevant.
- A change in the supporting spouse’s income: If the paying spouse has a significant change in their salary it may be grounds for a modification. For example, imagine that the paying spouse got a major promotion at work and their salary increased from $100,000 to $150,000. If the receiving spouse knows of this change they can petition the court for an increase since alimony is based on a percentage of the paying spouse’s income. On the other hand, imagine the supporting spouse was demoted or fired and had to find another job and their salary went from $100,000 to $65,000. The supporting spouse may no longer be able to afford alimony and they can approach the court looking for a modification to reduce their required payments.
- Disability or illness: A modification may be necessary if either party develops a serious health issue or disability. The paying spouse could request a decrease because they need to focus their finances on medical expenses and recovery. If the receiving spouse suffers an ailment they could request an increase because they have an even lower capacity to earn income.
- Relationship status change: If the receiving spouse moves in with a new romantic partner or gets remarried, the paying spouse can request a modification or even termination of spousal support payments. If the receiving party’s new spouse can financially support them, the court may grant the modification.
The above are valid reasons to request a modification of spousal support. Other life circumstances may require an increase or decrease in alimony but it is up to the court’s discretion whether or not to grant the request.
