At Alan B. Cooper & Associates, PLLC, we understand the delicate nature of a divorce case and financial negotiations. Alimony may be necessary during a separation or divorce to ensure a fair and equitable outcome. If you need your alimony payment plan to be modified for any reason it is important that you acquire skilled representation. Contact an experienced Oakland County alimony lawyer today to discuss your situation and legal rights.
What is Alimony?
Alimony is a financial obligation that one spouse owes to the other after a separation or divorce. Also referred to as spousal support, the goal of alimony is to prevent the lower-earning spouse from facing significant financial hardship after the termination of the marriage. Alimony is generally paid in monthly installments and can last for a defined period of time or indefinitely.
When Can Alimony Be Modified?
Nothing is permanent, including an alimony agreement. Although the paying spouse must abide by the court order, the agreement can be modified if the circumstances of either spouse have changed.
The following are some valid reasons to request a modification of alimony payments.
- The receiving spouse gets remarried. This reason operates under the assumption that the party’s new partner will financially support them. The paying spouse can request a modification or termination once their ex is married and a court may grant it if it is proven that the payments are no longer necessary.
- The paying spouse’s salary increases. Alimony is determined by evaluating a number of factors, including the supporting spouse’s income. If there is a significant increase in the paying spouse’s salary it may be grounds to increase the amount of alimony they pay.
- The paying spouse’s salary decreases. In the same vein, a decrease in the supporting spouse’s salary can be a valid reason for a decrease in alimony. If the supporting spouse can no longer afford alimony while supporting themselves, they can request a modification.
- The paying spouse retires. When an individual retires their income generally decreases. If the supporting spouse retires they can petition the court for a modification to adjust alimony payments to reflect their new income and lifestyle.
- Illness or disability. Developing a serious health issue or becoming disabled in some way can have a significant impact on an individual’s earning capacity. If the paying spouse experiences an ailment they may request a modification as they have a new financial responsibility in their health. If the receiving spouse falls ill they may request an increase to make up for the fact that their earning potential has decreased.
Unlike child support payments that get reevaluated depending on inflation and other factors, alimony payments generally stay the same. However, it is impossible to tell what the future holds. When either individual’s circumstances change, it may be necessary to adjust the amount of spousal support to reflect these changes. Work with a skilled family lawyer for knowledgeable advice and representation during the modification process.