What To Know About Modifying Alimony

25 May 2023
 Categories: Law, Blog


During a divorce, it's possible that one person is ordered to pay alimony to the other. It's a way to make up for the inequality of income that one person has and helps them with the financial support needed to live on their own after a divorce. However, those alimony payments will not necessarily remain forever. That's why it's important to know more about modifying alimony payments. 

When Alimony Can Be Modified

There are a few situations where alimony can be modified by a judge. The main situation is a change in income, where someone has a substantial decrease or increase in how much money they make. This can apply to both sides, where a person paying alimony loses their job, or the person receiving alimony receives a significant increase in pay. 

It's also possible to modify alimony based on remarriage or a change in living situations. A person receiving alimony will not be able to receive payments if they get married again to another person, and you'll need the court to officially stop those payments from being made. If your spouse is living with a new partner and not married, it is also possible to seek a modification in alimony. 

How Alimony Can Be Modified

If you feel like a change in alimony payments is necessary, start by gathering all of the evidence that you need to support your claim. Then you'll want to consult with a lawyer that specializes in divorce or family law since they have the experience with these types of cases that you need. 

Once you have your paperwork situated and a valid claim to modify alimony, you'll have to file a motion with the local family court to make the request. You'll need to explain why you feel a modification to alimony is necessary, and then submit your evidence with the motion.

You'll end up attending a court hearing with a judge, and both parties will be able to explain why they feel alimony should or should not be changed. Once the judge hears both sides of the case, they will make a final decision about alimony payments moving forward.

As you can imagine, going through the legal process of modifying alimony can be quite confusing for anyone new to doing it. That's why it's always worth working with a lawyer for their assistance. They'll walk you through the entire process and make sure that you do it correctly. 

Contact a local divorce lawyer to learn more.