Life circumstances change, and alimony orders may need to change with them. Alimony modification allows either spouse to request changes to spousal support when significant changes occur. Understanding when and how alimony can be modified protects both paying and receiving spouses.
Grounds for Modifying Alimony
Courts require a substantial change in circumstances to modify alimony. This means something significant has changed since the original order that wasn't anticipated when the order was made. Routine fluctuations or minor changes don't justify modification.
Common grounds for modification include job loss or significant income reduction, serious illness or disability, retirement, the recipient spouse's increased income or employment, cohabitation by the recipient spouse, and significant changes in either party's financial needs.
Reducing or Terminating Alimony
Job loss is a frequent basis for seeking reduction. If the paying spouse involuntarily loses employment, courts may reduce payments—but only if the job loss wasn't voluntary or strategic. Quitting your job to avoid alimony won't succeed; courts impute income based on earning capacity.
Retirement often justifies modification, particularly when the paying spouse reaches normal retirement age. Courts consider whether retirement was reasonable and anticipated, the parties' ages and health, and available retirement resources. Early retirement to reduce alimony may not be approved unless there are legitimate reasons.
Recipient's cohabitation with a new partner affects alimony in most states. Some states automatically terminate alimony upon cohabitation; others require showing the new relationship has reduced financial need. Document the living arrangement and shared expenses if seeking termination on this basis.
Recipient's increased income or remarriage may reduce or terminate the need for support. If the receiving spouse's financial situation has substantially improved, modification may be appropriate.
Increasing Alimony
Recipients can also seek increases when circumstances change. If the paying spouse's income has substantially increased, the recipient may be entitled to share in that improvement—particularly in long-term marriages where the original award was based on lower income.
Increased financial need due to illness, disability, or unexpected expenses may also justify an increase, provided these changes weren't foreseeable when the original order was made.
The Modification Process
To modify alimony, you must file a motion with the court that issued the original order. You cannot unilaterally change your payments—continuing to pay the ordered amount until the court approves a modification is essential.
Your motion should explain the changed circumstances, provide documentation supporting your claims, and specify the modification you're requesting. The other spouse will have an opportunity to respond, and the court may schedule a hearing.
Gather evidence before filing: tax returns, pay stubs, medical records, employment documentation, or evidence of cohabitation. Strong documentation improves your chances of success.
Non-Modifiable Alimony
Some alimony awards cannot be modified. Non-modifiable alimony is agreed to by the parties or ordered as a final amount that cannot be changed regardless of circumstances. Read your divorce decree carefully—if it states alimony is non-modifiable, the court cannot change it.
Lump-sum alimony is typically non-modifiable because it's a fixed amount rather than ongoing payments. Property division disguised as alimony may also be non-modifiable.
Temporary vs. Permanent Changes
Some circumstances are temporary—a medical condition expected to improve, or a job loss during active searching. Courts may order temporary modifications with review dates rather than permanent changes.
If your changed circumstances are likely temporary, propose a temporary modification. This can be easier to obtain and may be more appropriate than seeking permanent termination.
Retroactive Modifications
Modifications typically take effect from the date you file, not earlier. If you wait months to seek modification, you'll still owe the original amount for that period. File promptly when circumstances change—back payments cannot usually be forgiven.
Some jurisdictions allow limited retroactive modification to the date of filing, but not before. Accumulating arrearages while delaying modification creates enforcement problems.
Getting Legal Help
Alimony modification requires proving changed circumstances and navigating court procedures. An experienced family law attorney can evaluate whether your circumstances justify modification, gather supporting evidence, and present your case effectively.