Life does not stay the same forever and, therefore, neither should your alimony payments. The court understands this and provides a way for an ex-spouse to request a modification. The receiving ex-spouse can also make a request to increase these payments if the other party’s circumstances have changed. However, only in very specific situations is this possible.
Below are some of the reasons that can allow you to modify your alimony payments:
- An agreement to modify alimony: If you and your former spouse were able to reach an agreement regarding alimony modification, you should still seek the court’s approval to ensure that, if he or she later refuses to follow it, it is enforceable. Without the court’s approval, there will undoubtedly be some problems later on. While being able to agree with your spouse on a new arrangement is great, protect yourself and have it signed by a judge.
- Cost of living adjustment: Make sure there is a cost of living adjustment clause in your divorce decree. This will allow the payments you receive to increase at a rate that is equal to the annual cost of living, without having to constantly request for modifications.
- Temporary modification of alimony: If you have become very ill, lost your job, or are enduring any other type of temporary hardship, you can request a modification that will temporarily reduce your alimony payments. Once your hardship is no longer an issue, your support payments will revert to the previous amount.
- Change of circumstance: If the receiving ex-spouse gets a substantial raise of his or her income, it is possible for the other party to request a modification that reduces alimony payments based on this change of circumstance. On the other hand, the receiving ex-spouse can also request an increase in support if the other party gets a sizeable raise of his or her income. Other changes of circumstance that can also serve as a valid reason for modification of alimony payments include the cohabitation of the receiving spouse and a new partner, a decreased need for support, disability, financial emergency, or a change in divorce law.
Contact the Virga Law Firm, P.A. Today
Alimony is a major point of contention between divorcing spouses, no matter what end you are on. At The Virga Law Firm, P.A., our team of attorneys is dedicated to guiding clients throughout this process to ensure your interests are protected, whether you are the former spouse who will pay alimony or receive these payments. Reach out to our firm today!
Call us at (800) 822-5170 to get started on your case and schedule a consultation with an experienced alimony attorney today. We accept calls 24/7!