No one wants to continue making alimony payments for longer than they have to or if their circumstances no longer allow it. Thankfully, the court allows for post-divorce modifications. If you recently underwent a substantial change in circumstances, such as the loss of a job or you developed a disability, a judge might reduce your alimony payments to accommodate you. However, your payments will not be reduced if the changes are negligible. Continue reading to learn more about what the court will consider a substantial change in circumstances.
When Will a Judge Grant a Post-Divorce Modification?
If a judge reduces your alimony payments, this is known as a post-divorce modification and it is only granted when there is a significant change in the lives of either party. In some cases, the change in circumstance might be so great that it warrants a termination of alimony. For example, if your former spouse remarries, alimony payments will be automatically terminated since it is assumed the receiving party will obtain monetary support from the new spouse.
A judge will also consider the following in a post-divorce modification case regarding alimony:
- If your former spouse lives with a new partner, this will not result in an automatic termination of alimony, but you can go to court and ask for a reduction or possible termination, depending on the circumstances.
- If you involuntarily lost your job or received a pay cut, a judge would likely grant a reduction in alimony payments. However, this modification might be temporary until you are able to find a new job. Moreover, if you voluntarily left your job or asked for reduced responsibilities, resulting in reduced income, a judge will not grant a modification of your alimony payments.
- If you developed an illness or disability, which prevents you from working, a judge might grant a reduction in payments. If the condition is temporary, the modification will also likely be temporary.
Before going to court, you should consider discussing the matter with your former spouse. If you are on amicable enough terms, he or she might agree to reduce your alimony payments. However, even if you can reach an agreement, you must still go through the proper legal channels to make it official. Otherwise, if your ex-spouse has a change of heart, you might still be responsible for the amount you did not pay.
Discuss Your Post-Divorce Modification Case with an Attorney Today!
If you are no longer able to make alimony payments or your former spouse’s circumstances substantially changed, warranting a modification, you will need a skilled attorney to provide sound legal advice and guidance. At Tinny, Meyer & Piccarreto, P.A., our family law team is committed to helping clients navigate the most complex legal matters, including post-divorce modifications. Backed by more than 35 years of combined legal experience and a commitment to client satisfaction, you can rely on our team to help you acquire the results you need.
Get started on your case today and reach out to us at (727) 245-9009 to set up a case evaluation with a knowledgeable member of our legal team.