Can Spousal Support Be Modified?

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When you get a divorce, spousal support is one of the matters that needs to be addressed. Who pays and how much they pay is often one of the more contentious issues, but eventually this needs to be ironed out and made part of the final divorce agreement. Some of our clients ask if it’s possible for this agreement to be modified in the future. A Tazewell County alimony lawyer from our firm may be able to help you change your spousal support agreement, but there needs to be a pretty good reason to ask the court for any changes.

What Are Some Good Reasons to Have an Agreement Modified?

There are actually many good reasons to ask to have your spousal support agreement changed. If you are the paying spouse, you can ask for a change if:

There’s a change in your employment status: If you lose your job and need to change your alimony agreement, addressing this with the court right away is smart. You can make lower payments as you try and recover financially, but you do need to show that you are making good faith efforts at finding employment.

You become ill: If you are sick and cannot work, that’s a good reason to petition for a modification to your alimony agreement.

Your former spouse is married or cohabitating: If your spouse remarries or is cohabitating with a serious long-term partner, you should not have to keep paying alimony. You don’t need to support them. Their current spouse or partner should be supporting them now.

You retire: You should not have to continue to support your former spouse once you have retired. There are rules about “legal” retirement age and other things to consider, but asking for a modification of your alimony agreement once you have left the workplace is a reasonable move.

Your former spouse won’t find work: If you believe that your ex just will not try to find work and become self-sufficient on their own, then you may want to address your spousal support agreement in court.

Should I Stop Paying Alimony After Asking For My Agreement to Be Modified?

No. Never stop paying alimony until the court says that your agreement has been modified. Even if you know your former spouse is cohabitating with someone or you know that your request to have your agreement changed is a slam dunk. If you do not keep making spousal support payments as agreed, then the court is going to come after you and make you make those payments you owe. A judge can even do this after granting you a modification of the original agreement.

Contact Our Law Firm

So if you have questions about your spousal support agreement and how you can have it modified, contact Butler, Giraudo & Meister, P.C. Continue to make your alimony payments, but talk to our lawyers about why you think your agreement with your former spouse should change. Then we can help you make your case in front of a judge.

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