Alimony Modifications
Can alimony be increased after divorce? The Importance of Alimony Adjustments in the Legal System — Another essential part of divorce proceeding includes alimonies, which are payments made to one spouse or another once the settlement is finalized and ordered so that a dependent (or economically dependant) spouse can afford his/her living necessities after divorce. But where scenarios evolve over the years, alimony settlements are at risk of being altered. People often wonder if they can receive more alimony after divorce. It is equally imperative that both sides are well aware of the legal depth of this topic. This article will discuss Alimony Modifications.
Factors Determining Alimony:
So before we look at whether alimony can be increased post-divorce, let us understand under what circumstances he/she is entitled to maintenance in the first place. Factors of Alimony Modifications may include::
- Length of the marriage
- Dual earning capacity True potential of both Spouses
- Standard of living established during the marriage
- Age and health of each spouse
- The income, property and financial needs of each spouse
- Contributions made by each spouse to the marriage
- Any agreements made between the spouses
- Such other factors, as the court deems to be relevant.
An understanding of these factors serves as a base upon which you can determine the possibility of adjustments to alimony payments.
Modifiability and Alimony Modifications:
Many jurisdictions, do allow for the remodification of alimony orders under certain circumstances. Courts understand that life is fluid; what was then a fair alimony deal can be unjust years later. Typical reasons for requesting an alimony modification can include:
- Change in Financial Circumstances: A change in financial circumstances (unlikely decrease of alimony received), such as loss of employment, disability or a considerable jump up the income scale that affects either spouse can also be considered reasonable cause for modification. For instance, if the paying spouse has a large upswing in income then typically this will create grounds for what is known as an application to amend alimony through positive tax reduction (ex-wife wants more money or daughter seeking increased child support) based upon changed.
- Change in Health Status: If either spouse has a serious health issue that impairs their ability to work and earn money, this may qualify as grounds for an alimony modification. If the recipient’s spouse acquires a chronic illness and that prevents them from working, he or she may seek more alimony to help pay for his medical bills and living expenses.
- Cohabitation or Remarriage: If the recipient spouse remarries, in some jurisdictions alimony obligations may also be ended but expect that a new partner for cohabitating will end it. But the rules on cohabitation and remarriage differ with jurisdiction. Other considerations such as whether a new partner is helping to support his or her recipient spouse might influence what courts do.
- Length of Alimony: Some alimony orders award the payments for a specified number of years, rather than an indefinite obligation. In some cases: If your spouse is able to show a continued need beyond the previously specified period, you can ask for an extension or increase in alimony.
Legal Process for Modifying Alimony:
How To File For An Increase In Alimony After Divorce — A party looking to increase alimony post the divorce must fill out a petition with the court which is filed by mail. The court may demand financial evidence and documentation from both sides in support of their claims. The court will review the merits of the petition according to relevant legal standards and decide.
Of course, the process to tweak alimony payments depends on where you live, so before doing anything contact a family law attorney in your area.
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