Divorce settlements often feel like the final word, but when it comes to alimony, things aren’t always set in stone. In many cases, spousal support orders can be modified after a divorce is finalized. Whether you’re paying or receiving alimony, it’s important to understand when and how changes can be made, and under what circumstances courts will consider a request.
When Can Alimony Be Modified?
Generally, alimony can be modified if there’s been a substantial change in circumstances since the original order. This can include:
- Loss of employment or significant decrease in income
- Retirement
- Major health issues or disability
- Remarriage or cohabitation of the recipient
- Significant improvement in the receiving spouse’s financial status
Each state has its own laws governing alimony, so the specific requirements for modification vary. Some agreements may even waive the right to modify—especially in lump-sum or contractual alimony cases. Always check your divorce decree and consult with an attorney before filing.
Types of Alimony and How They Affect Modification
The ability to modify also depends on the type of alimony ordered:
- Temporary or rehabilitative alimony is often easier to modify or terminate early.
- Permanent alimony, though increasingly rare, may be subject to long-term modification.
- Non-modifiable agreements, sometimes negotiated in out-of-court settlements, are binding unless both parties agree to changes.
How to Request a Modification
To pursue a modification, the requesting party must typically:
- File a formal request with the court that issued the original order.
- Demonstrate the change in circumstances with evidence (such as income statements, medical records, or other documentation).
- Attend a court hearing, where both parties can present their case.
Courts will evaluate whether the change is significant, ongoing, and not self-imposed (e.g., voluntarily quitting a job won’t usually justify a reduction).
Don’t Wait Too Long
If your financial circumstances have changed, it’s essential to act quickly. Courts generally won’t retroactively modify alimony unless there’s a valid reason for the delay. Continuing to pay more than you can afford, or failing to pay at all, can lead to arrears, interest, and even legal penalties.
