The Purpose of Spousal Support
Spousal support is commonly established to ensure that a spouse who earned less money during the marriage can maintain a reasonably sufficient standard of living. Depending on the circumstances of the divorce and the current relationship between the former spouses, these payments may cause financial hardship or resentment. Whether you are the payer or receiver, it is important to remember that spousal support may be subject to change, and certain events can cause these payments to cease altogether.
Proving a Change in Circumstances
Unless you and your former spouse have agreed otherwise, a change in circumstances must be proven to modify or terminate spousal support. Often, spousal support is awarded to “rehabilitate” a spouse and is not intended to continue forever. A spouse is expected to attempt to become self-supporting, and if successful, spousal support may be reduced or terminated. Additionally, if the paying spouse can prove that the receiver is making no effort to become self-supporting, spousal support may also be terminated.
Changing Spousal Support by Agreement
If both former spouses agree to change spousal support, they can formalize their new agreement in writing. A judge can then incorporate this written agreement into a court order. However, if there is no agreement, the spouse seeking the change must file a motion with the court, asking for a modification of spousal support. In court, the former spouse must prove that a change in circumstances makes the modification necessary.
Common Circumstances That Lead to Modification or Termination
The exact circumstances that lead to a change in spousal support vary, but some common examples include:
- Remarriage of the receiving spouse
- Cohabitation with a significant other
- Death of either former spouse
- Change in the receiver’s economic position, such as a pay raise or inheritance
- Change in the payer’s financial situation, such as job loss or reduced income
It is crucial to petition the court as soon as possible after any change in circumstances, as a court will not retroactively modify spousal support.
Seeking Legal Help
Unless your divorce agreement states otherwise, spousal support is subject to modification. A change in the financial circumstances of either former spouse can result in a corresponding change in spousal support payments. An experienced attorney can help gather the necessary evidence to convince the court that a modification is warranted.
Contact the family law attorneys of DiPietro Family Law Group by calling (888) 530-4374 to schedule a consultation today.
