Impermanence in a Permanent Situation

Divorce is permanent. Without going through the process of remarrying, the decision lasts a lifetime — as do some of the decisions made during the process. However, this isn’t necessarily true for all orders made in the divorce decree. This leaves many people asking if spousal support can be modified after a divorce is finalized.

Like with many other issues under the law, the answer is it depends. The fact is that alimony payments can be adjusted or eliminated after a divorce is finalized. However, this is not true in every situation. Order modifications require that certain requirements be met. Understanding these requirements is critical if you’re hoping for change.

Understanding When Spousal Support Modifications Are Appropriate

To modify a spousal support order after a divorce, it’s necessary to show that a significant change in circumstances has occurred. This essentially means that a situation exists that — had it existed at the time of the divorce — would have resulted in a different divorce decree. There are various changes that may qualify, but the most common include:

  • Income or employment changes: If the paying spouse experiences financial hardship or the receiving spouse experiences an improved economic situation, alimony may be reduced or eliminated
  • Health changes: If either spouse experiences a medical or health issue that affects their financial stability, courts will likely consider modifying the original spousal support order
  • Changes in living situations: If the receiving spouse remarries or enters a cohabitating situation, alimony may be reduced or terminated. Payments may also be reduced if the paying spouse has other financial obligations (e.g., remarrying, children)

In addition to these situations, a judge will also reconsider spousal support orders if one of the former partners dies. While this might seem obvious, it’s important to remember that everything must be handled as mandated by the law in order to be valid. If you have experienced any significant change in circumstances, it’s advisable to speak with a family law attorney.

How to Modify an Alimony Order After Divorce

Simply experiencing a significant change in circumstances isn’t enough to warrant a modification. A person cannot merely alter their payments or demand more money because an unexpected event occurred. In order to modify spousal support after a divorce is finalized, you’ll need to file the appropriate legal paperwork with the relevant courts.

Here’s what that process looks like:

  • File petition to modify: The spouse seeking an order modification must file a formal request with the courts
  • Gather evidence of substantial change: It’s not enough to claim that you’ve had a significant change in circumstances. You’ll need to gather evidence to support this claim
  • Attend hearing: The court will set a hearing date. Make sure you attend it. Both parties will present their arguments during this hearing

While this may look like a straightforward process, it’s actually much more complicated than people expect. For instance, you’ll also need to serve your ex with the appropriate legal documents to let them know you’re requesting a modification. This rule has some nuances and exceptions, as is the case with many other divorce issues.

Put simply, modifying spousal maintenance orders can be a complex undertaking. This is why it’s advisable to have an attorney handle matters on your behalf.

What Exceptions Are There to Allowable Modifications?

In most or all jurisdictions, spousal support can be modified after a divorce is finalized. However, there are specific exceptions to the rules. This means that some alimony orders cannot be modified even if a substantial change in circumstances has affected one or both of the parties involved. If you find yourself in the following situations, you might have an uphill battle:

Agreed Spousal Support

When a court orders spousal support, it leaves the door open for the courts to make changes. This isn’t true when alimony was decided as part of a private agreement rather than a court order. In these situations, potential modification will depend entirely upon the terms of the agreement.

Duration of Support

While spousal support orders are categorized as either temporary or permanent, it’s actually incredibly rare for the courts to make an order truly permanent. There are usually time limits imposed, and when the alimony order expires, the paying spouse will no longer have a legal obligation. Once the order expires, it cannot be extended.

Overcoming Exceptions

There’s no guarantee that you’ll be able to overcome an exception to the rules. However, you may still have legal options — particularly if you act quickly. An experienced attorney can help you understand relevant issues to make an informed decision moving forward. Alimony targets economic disparities, but the law recognizes that changes happen.

Do You Need Legal Counsel?

When reading legal blogs and guides online, you’ll notice that the most experienced attorneys can make the law sound simple. This combined with the wide availability of do-it-yourself legal websites convinces many people that they can handle legal issues independently. Unfortunately, this assumption often results in unfavorable outcomes.

The reality is that the fundamentals of law are simple, but the application of such fundamentals is complex. DIY legal services cannot account for the unique circumstances of your situation. Additionally, statistics consistently prove that individuals with legal representation secure better outcomes on average than those who represent themselves.

You deserve a fair outcome. And since spousal support can be modified after a divorce is finalized, such an outcome is possible even if the initial divorce decree wasn’t favorable. At Cutrer Law Group, our dedicated team of family law attorneys is here to help. Contact us at 817-854-1651 to schedule your free consultation.