Modification and Termination of Alimony Under the Law
Alimony, sometimes called spousal support or spousal maintenance, consists of regular court-ordered payments made by one former spouse to the other following a divorce. After some time has passed, a spouse may ask the court to change or end the alimony obligation. Whether this is possible or likely depends on the state and the circumstances.
Grounds for Modifying Alimony
When a spouse petitions the court to modify alimony, that spouse generally bears the burden of demonstrating that a substantial change in circumstances has taken place. Some courts require that the change be both material and unforeseeable at the time of the divorce. Examples include a permanent disability that drastically affects earning ability, an involuntary job loss, or other severe financial setbacks. Even when a court finds that a meaningful change in circumstances has occurred, the judge often has significant discretion in deciding whether to grant a modification and in determining how that modification will be structured.
Temporary and Permanent Modifications
A modification to alimony can be structured as either temporary or permanent. A court may grant a temporary adjustment when a spouse experiences a hardship that is likely to resolve with time, such as short-term unemployment or a medical situation from which recovery is expected. At the end of this temporary period, courts may review updated evidence to see if the spouse’s earning ability has stabilized. Permanent modifications are more likely to be approved when the court decides that the change in circumstances is ongoing, such as a permanent disability or another lasting factor that prevents a spouse from returning to their previous level of earning capacity.
Voluntary Income Reductions
Courts closely examine situations in which the paying spouse claims that a sudden drop in income warrants reduced alimony. If the cause is a good-faith retirement at a typical age or an unavoidable job loss, courts are more inclined to consider a modification. By contrast, a voluntary reduction in earnings without a compelling reason may be less likely to result in a lower alimony obligation. Courts may also consider whether the recipient spouse has deliberately refrained from seeking employment or remains underemployed in an effort to maintain or increase alimony.
Terminating Alimony Payments
An alimony order may designate a specific date or event that ends the obligation. For example, the order might specify that payments will cease once the recipient completes job training or reaches a particular employment milestone. Meanwhile, many jurisdictions automatically terminate alimony upon the death of either spouse, and some permit termination or review of alimony if the recipient remarries or cohabitates with a new partner. Otherwise, a paying spouse would need to prove a change in circumstances that is drastic enough to warrant completely terminating rather than simply reducing support.
The type of alimony can influence whether and how it may be terminated or modified. For example, rehabilitative alimony supports a spouse while they acquire job skills or education; a court might reduce or end this support if the spouse no longer requires assistance or fails to make reasonable efforts to become self-sufficient. Reimbursement alimony, designed to repay one spouse for certain expenses borne during the marriage, is less likely to terminate prematurely because it hinges less on financial need than other forms of support.
The Relationship Between Alimony and Child Support
Alimony and child support are distinct financial obligations. Courts rely on separate legal standards and formulas when addressing each area. Because of this, a change to one obligation usually does not cause an automatic change to the other. In some jurisdictions, courts allow a comprehensive support review, in which both obligations can be revisited simultaneously. In others, a spouse seeking changes to both alimony and child support must initiate separate legal processes.
Steps to Modify or Terminate Alimony
When a spouse wishes to alter or end alimony, that spouse generally files a motion or petition with the same court that issued the original order. The court will review the evidence of a substantial change in circumstances or other legally recognized grounds for modification or termination. If both spouses agree to adjust or terminate alimony, the request is often efficiently approved. Without an agreement, the court will assess the facts presented, and it may hold a hearing to examine financial documents and testimony.
