In life, hardly anything ever remains the same. The one constant we can always anticipate is change, which is why family courts allow former spouses to request post-divorce modifications. If you were ordered to pay alimoany, but believe financial circumstances changed substantially, enough to warrant a modification, the court might grant your request to either reduce or terminate the order entirely.
Requesting a Post-Divorce Modification
If you recently encountered some financial difficulties and cannot continue to pay alimony, consider first discussing the matter with your former spouse. If you are on somewhat good terms, it might be possible to reach an agreement without having to petition the court, which can save you both time and money. However, keep in mind you will still need to go through the right legal channels to ensure these changes are enforceable. You must not rely on a simple verbal agreement with your former spouse, no matter how amicable your relationship is.
Of course, not everyone is on friendly enough terms with their former spouse to reach an agreement on reduced alimony payments. If you fall into this category, you can petition the court for a modification. If you can show a substantial change in circumstances, a judge might grant your request.
Here are some examples of a substantial change in circumstances:
- If your former spouse remarries, this should lead to an automatic termination of alimony, unless you have a marital agreement that states otherwise. If your former spouse moves in with a new partner, it will not lead to an automatic termination, but you can petition the court and it is likely a judge will either terminate or reduce your payments.
- If you involuntarily lost your job or took a pay cut due to circumstances outside of your control, this may lead to a reduction or termination of alimony payments. In some cases, this may be temporary until you find new employment. If you voluntarily left your job, your payments would likely remain the same.
- If you developed a disability or health condition that hinders your ability to work, you might receive a reduction or termination of alimony payments, depending on the details of your circumstances. If the condition is temporary, the modification may be temporary as well.
Contact Our Knowledgeable Family Law Team for a Post-Divorce Modification
If you believe your financial circumstances changed substantially, contact the team at Barach Law Group LLC to get started on reducing or eliminating your alimony payments. Our legal team is backed by more than 20 years of experience and a proven history of success and client satisfaction. With us on your side, you can trust that you will always receive exceptional representation and knowledgeable guidance, regardless of the obstacles you may encounter. Moreover, we understand the importance of availability, which is why we provide services during after-hours and over the weekend for your convenience.