Alimony Payments Aren’t Always Set in Stone

A court order in a divorce can look very different based on varying circumstances. For instance, individuals who don’t have children get to avoid complex issues like child support and custody. However, nearly everyone will have to at least consider the possibility of spousal support. These orders can be modified, but it’s important to understand what courts consider when adjusting alimony payments.

Unfortunately, getting an adjustment isn’t always a simple endeavor. While spousal maintenance orders are not typically set in stone, it is necessary to show the occurrence of a substantial change in circumstances. This makes up the majority of what a judge will consider when reviewing a request to adjust alimony payments. However, there are a few other factors that may be reviewed.

If you’re considering an order modification request, it’s important to understand what the court might consider when making its decision.

Changes in Financial Circumstances

Perhaps the most common reason alimony adjustments are granted is a change in financial circumstances. This change can occur to either party if they experience a substantial increase or decrease in their income or financial resources.

Many issues that could lead to such changes can affect a person’s entire life. For instance, the loss of a job will do more than just make a person less able to pay court-ordered spousal support. In reality, it can hinder their ability to even support themselves.

Changes in Employment Status

Losing a job can certainly affect a person’s ability to pay, but there are a variety of other employment changes that can justify alimony adjustments. For instance, what if the receiving spouse gets a promotion? In such an instance, they likely won’t need as much from their ex.

Of course, this may not be enough. While employment changes are a major factor considered by courts when adjusting alimony payments, the judge will need to look at the entire situation.

Whether it’s termination, promotions, retirement, or other new developments, the entirety of a person’s situation will need to be factored in.

Health Changes

It’s unfortunate when anyone suffers a downturn in their health. Unfortunately, this results in more than just feelings of unwellness or fears of mortality. Such a situation can greatly affect a person’s current financial situation.

One need only consider health issues that preclude a person from working. If this happens to the paying spouse, how could they possibly support themselves and their ex? If the receiving spouse gets sick, their living expenses could increase substantially.

In either situation, a court may choose to adjust alimony payments.

Changes in Living Expenses

Changes in living expenses are another common consideration during alimony order modification requests. It’s important to remember that a key goal of spousal support is to ensure that both parties are able to maintain a similar standard of living post-divorce.

However, we’ve all seen in recent years that living expenses can fluctuate wildly. If significant changes in the cost of living occur — or if the living expenses of either party change substantially — a judge may account for this when considering alimony adjustments.

Cohabitation or Remarriage

When a higher-earning spouse is ordered to pay their former partner alimony, it’s typically because it’s assumed that the recipient will be in a more difficult financial situation due to divorce. However, what happens if the recipient suddenly has a new partner who can contribute?

In these situations, the courts may adjust spousal support payments. This can be true whether an individual remarries or simply moves in with a new partner. In addition to lowering alimony payments, a court may terminate support altogether.

Retirement

Going into retirement can significantly affect a person’s financial circumstances. Therefore, this is typically a great reason to request an adjustment in payments. However, retiring isn’t itself enough to guarantee that spousal support will be adjusted. The judge will review whether leaving the workforce had a significant effect on the payer’s income.

Additionally, courts will decide whether the retirement is reasonable and done in good faith. Some individuals may be tempted to stop working merely to get out of their alimony responsibility. If you’re the receiving spouse, it’s important to question the motive. If you’re the paying spouse, there may be other ways to reduce your financial obligation.

Above all else, all decisions must be made in good faith.

Compliance With Alimony

Judges expect the parties to a court order to follow it. After all, these orders are essentially legal mandates. Therefore, courts may review whether the paying spouse has consistently held up their legal requirement. If not, it could negatively affect the outcome for them.

When court-ordered alimony isn’t paid as directed, the judge may feel that the receiving spouse has been placed in a more difficult situation. Therefore, they could increase the amount owed. Even if you believe a court order is unfair, it’s important to follow it until it’s modified.

Duration Since Original Order

The time between an original court order and the adjustment request is not itself a significant change in circumstances. However, a judge may consider adjusting payments if a substantial amount of time has passed since the first alimony order was issued.

That’s because things can change over time. The court might evaluate if the original amount is still appropriate given the current context. There is no specific timeline where a judge might consider adjusting payments, so it’s important to understand your own unique circumstances.

Other Relevant Factors

There are clearly a number of specific factors that courts consider when adjusting alimony payments. However, there’s no such thing as an exhaustive list. That’s because the courts can consider any other factor they deem relevant. Their focus is to ensure a fair and equitable modification of spousal support — if such an adjustment is granted. In some cases, alimony can be non-modifiable. In reference to future alimony payments, some factors that can determine if it is non-modifiable include if a lump sum has already been paid, or if the obligatory periodic payment amount has already been paid. The parties may also have agreed to a non-modifiable alimony amount for any number of reasons.

Because of the wide-ranging considerations that the court will take into account, it’s typically wise to work with a legal professional. There are no guarantees in family court, so having an experienced advocate on your side may prove invaluable. At Fuller Law Practice, we’re here to help you secure a favorable outcome. Contact us at 702-935-4144 to schedule a case evaluation.