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A court’s order for spousal support, or alimony, is based on information available at the time of the order. As time goes on, situations change, and it may be necessary for the spousal support order to change as well.

Reach out to a Guilford spousal support modification lawyer if your alimony order is outdated and no longer appropriate. Our experienced and highly skilled alimony attorneys can review your circumstances and advise you on the best way to proceed.

Negotiate Changes When Possible

The court issues an order granting spousal support, and the court must make any changes to it. The parties are bound to the existing order unless and until the court modifies an order.

When situations merit a change in alimony, the simplest way to modify is for the parties to negotiate a new order. Parties can agree to increase or decrease the amount of support, extend spousal support past its original expiration date, or terminate the payments.

When the parties agree to modify a spousal support order, a Guilford attorney can put their agreement in writing and submit it to the court with any documentation supporting the reason for the change. The judge will review the submission and can issue a modified court order within a few weeks.

Courts Require Proof of Substantial Change

When the parties cannot agree on amending a spousal support order, the party who wants the change must petition the court. Connecticut General Statutes § 46b-86 requires the requesting party to present proof demonstrating that a substantial change in circumstances merits a modification of the order.

Judges have the discretion to decide whether a change is significant enough to justify amending the court order. Circumstances that might lead the court to modify alimony include the following:

  • Paying spouse’s job loss or retirement
  • Windfall, such as an inheritance, large bonus, or lottery win
  • Long-term illness or disability
  • Losing a home to a natural disaster
  • Significant improvement in the receiving party’s financial situation

When a paying spouse experiences a marked rise in income, it could justify increased spousal support. However, the spouse requesting the change must prove it is justified. A Guilford lawyer can compile or refute evidence suggesting that modification of spousal support is necessary.

Changes Based on Remarriage or Cohabitation

Spousal support orders often contain a provision that the obligation ceases when the receiving spouse remarries. When the order does not contain such a provision, the paying spouse must seek permission from the court to terminate alimony if the receiving party remarries.

Paying parties may seek to terminate spousal support if the receiving spouse begins cohabitating with an intimate partner. A court may consider cohabitation a significant change in circumstances that merits reviewing the spousal support order. However, the paying spouse must demonstrate that the receiving spouse receives financial support from their partner in cohabitation and no longer requires alimony.

Cohabitation cases can be challenging to prove. It is critical for anyone seeking to modify spousal support on the basis of cohabitation to work with a knowledgeable Guilford lawyer.

Contact a Guilford Attorney to Discuss Spousal Support Modification

Financial arrangements that were acceptable when you divorced may not make sense anymore. Call a Guilford spousal support modification lawyer if your alimony order needs to be changed or your former spouse wants to change it against your wishes.

Our seasoned family law attorneys have extensive experience in all aspects of divorce and family law. We are ready to help, so get in touch with us today.

Connecticut Family Lawyer | CT Family Law | Dolan Family Attorneys N/a
105 Church St Guilford CT 06437 (203) 303-9371