Most couples invest a lot of time and energy into negotiating their divorce settlement and hope that the agreements they reach are final. However, things change in life, and sometimes, it is necessary to modify divorce orders.
Spousal support, or alimony, is frequently the subject of requests to modify. Contact a Hartford spousal support modification lawyer when you believe you need to change the alimony arrangement or your former spouse requests a modification. These situations can get complicated, so it is important to have guidance from a dedicated spousal support attorney.
Spousal support is not automatic. A judge will only award it if the receiving spouse can demonstrate they need it to maintain a reasonable lifestyle and the other spouse can afford to pay. In most cases, post-divorce spousal support is awarded for a specific number of years.
Connecticut General Statutes § 46b-86 allows either party to seek a modification of a spousal support order if there has been a substantial change in either party’s circumstances. A Hartford attorney can compare a current situation to the circumstances that existed at the time of the divorce and advise whether changes are likely to meet the legal threshold for modification.
If so, the person paying alimony might request a change if they have suffered a financial setback such as job loss or serious illness and can no longer afford the ordered payments. They also might request a change if the person receiving support is in a markedly better financial position than they were when the divorce became final. The person receiving spousal support could request a modification if their financial situation has worsened since the divorce.
Remarriage of the receiving spouse is a substantial change that ends the obligation to pay alimony. When the receiving spouse begins cohabitating with someone, it is a substantial change. The paying spouse could bring a motion to modify the amount of spousal support based on the cohabitation.
However, the receiving spouse’s cohabitation does not require a court to modify a paying spouse’s alimony obligation. Instead, it is a factor that a Hartford judge will consider when deciding whether to grant a modification.
When cohabitation involves sharing living expenses, the receiving spouse may have less need for the support. Therefore, a court might consider reducing or even eliminating the obligation. However, the decision on whether to modify is solely at the judge’s discretion, and they may decide to leave the current arrangement in place despite the cohabitation if they find the recipient’s financial circumstances are not materially improved.
Many divorced couples negotiate their spousal support arrangements. In that case, courts enforce the agreements incorporated into the divorce decree.
The provisions in the agreement govern whether spousal support is modifiable and, if so, what aspects can be modified. For example, many alimony agreements say that the term—the number of years alimony will be paid—is not modifiable, but the amount can be modified under certain circumstances. Some agreements say that alimony terminates when specific events occur.
Courts enforce spousal support agreements, so it is critical for someone seeking or defending a modification to get legal advice. A Hartford attorney can review the existing agreement and determine whether a modification is possible under its terms.
Spousal support is often essential when someone has deferred their education or career to maintain a home and raise children. Even when a spouse has a career, they may not be able to maintain their lifestyle without help. However, arrangements that made sense when a couple divorced may not be viable a few years later.
Speak with a Hartford spousal support modification lawyer when you are considering changing your alimony arrangement. Contact us to schedule a consultation and get started today.
N/a
