Modification of alimony refers to the legal process of changing the amount or duration of spousal support payments that were previously ordered in a divorce settlement or court order. Alimony is typically awarded to the lesser-earning spouse to help them maintain their standard of living after divorce, and the amount and duration of the award are usually determined by a variety of factors, such as the length of the marriage, the earning capacity of each spouse, and the standard of living during the marriage.
There are several reasons why a court may consider a modification of alimony, including:
- Change in financial circumstances: If the financial situation of either party changes significantly, such as a loss of income or a change in employment, they may request a modification of alimony.
- Cohabitation or remarriage: If the recipient spouse remarries or begins living with a new partner, the paying spouse may request a modification of alimony.
- Health issues: If either party experiences a significant health issue, such as a disability or illness, they may request a modification of alimony.
- Change in the law: In some cases, changes to state or federal laws may affect the calculation of alimony payments and could warrant a modification.
To request a modification of alimony, the party seeking the change must file a motion with the court and provide evidence to support their request. The court will then review the motion and make a determination based on the evidence presented.
Alimony, also known as spousal support or maintenance, is a court-ordered payment from one spouse to the other after a divorce or legal separation. The purpose of alimony is to provide financial support to the spouse who may have become economically disadvantaged during the marriage, such as by giving up a career to raise children or support the other spouse’s career.
Alimony can be awarded to either spouse, regardless of gender, and the amount and duration of the payments depend on various factors such as the length of the marriage, each spouse’s income and earning potential, the standard of living during the marriage, and any special needs of the receiving spouse.
In some cases, alimony may be awarded on a temporary basis to provide support while the receiving spouse undergoes education or training to become financially self-sufficient. In other cases, alimony may be awarded on a permanent basis if the receiving spouse is unable to become self-supporting due to age, illness, or disability.