Alimony
How and When Can Alimony be Modified?
If the parties have entered a contract regarding alimony, then the contract should state when the alimony can be modified.
If alimony was court ordered, alimony may be modified upon two factors. The first is, a substantial change in circumstances that are related to the ability of the supporting spouse’s ability to pay. The second is related to the needs of the dependent spouse. Upon the filing of a motion, it is the burden of the moving party to show a substantial change in circumstances. It is best to consult with an experienced family law attorney to determine if the change in circumstance is “substantial” and whether a motion is appropriate.
The parties may enter a contract and agree to specific terms and circumstances relating to modification of alimony. A good draftsman would make certain that adequate modification provisions are contained in the contract.
How Can Alimony be Terminated?
If court ordered, alimony can be terminated upon one of the following events:
- Death of paying spouse
- Death of recipient
- Remarriage of recipient
- Cohabitation of recipient
If alimony was part of a separation agreement, the parties may have specific terms and circumstances relating to termination of alimony. A review of the separation agreement would be necessary to determine your termination options. A separation agreement does not automatically incorporate the statutory termination provisions. A good draftsman would make certain that adequate termination provisions are contained in the contract.