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When divorce disputes over finances reach litigation, a court may order that a former partner pay spousal support. The duration of these payments can vary depending on the situation. However, court orders regarding spousal support do not necessarily last forever, even when the case results in permanent alimony.

When you believe a change in life circumstances warrants a revision of your spousal support obligations, you should speak with a Southbury spousal support modification lawyer. Our team of knowledgeable alimony attorneys can review your case and offer thorough legal assistance.

How Courts Initially Determine Spousal Support

Spousal support is intended to help a former spouse maintain a certain standard of living after a breakdown of the marriage. These payments are separate from marital property awarded to a spouse upon a division of assets.

When setting spousal support, courts have several options regarding the terms and duration of the arrangement. This includes permanent spousal support obligations and temporary support or time-limited alimony.

Connecticut courts also have the discretion to decide whether the payor is obligated to pay support in a lump sum or on a periodic basis. According to Connecticut General Statutes Annotated § 46b-82, some factors a court will consider when making spousal support decisions include the following:

  • Length of marriage
  • The grounds for dissolution
  • Each spouse’s age and health
  • Each spouse’s financial status, job skills, education, career, income sources, earning capacity and overall employability
  • Whether it is feasible for a custodial parent to obtain a job

Since some of these circumstances can change over time, an individual in Southbury may need to explore modifying their spousal support obligations with a seasoned attorney.

Modification Must Follow Substantial Change in Circumstances

According to Conn. Gen. Stat. Ann. § 46b-86, courts have the power to modify any order for spousal support. This means that even when a spouse was awarded permanent support, a court may suspend, reduce, or rescind these obligations.

The rule states that the moving party must provide evidence of a substantial change in circumstances to obtain a spousal support modification order. In addition, this change must make it unjust or inequitable to hold a party to the prior order.

If a court deems that a substantial change in circumstances has occurred, it will consider the same factors outlined in Conn. Gen. Stat. Ann. § 46b-82 when initially setting alimony payments.

One situation that Connecticut laws explicitly state can lead to modification is if the recipient spouse cohabitates or moves in with another person. Courts may consider a modification if the living arrangement alters their financial situation and needs.

Party Moving for Modification Has Burden of Proof

When seeking to modify a spousal support order in Southbury, the individual and their lawyer must prove to the court that a change in circumstances occurred warranting a modification.

Some examples of changes in life circumstances that a court may consider when modifying spousal support include the following:

  • The recipient remarries
  • The payor or recipient gets a new job with a significant pay increase or decrease
  • The payor loses their job or retires
  • The recipient experiences an unavoidable significant increased cost of living
  • There is a significant change in childcare expenses for the custodial parent

The party seeking modification must file a motion to ask the court to reconsider the spousal support. Additionally, former spouses can negotiate or use mediation to reach a mutual agreement on alimony. Courts will generally honor mutually agreed-upon terms.

Call a Southbury Attorney Today About Spousal Support Modification

When you believe you or your ex-partner have experienced a change in life or financial circumstances that warrant a change in alimony, contact a Southbury spousal support modification lawyer.

Our legal team can help you through the process and answer any questions you may have. Reach out today to schedule an initial consultation with a compassionate family attorney.

Connecticut Family Lawyer | CT Family Law | Dolan Family Attorneys N/a
220 Main Street Suite I Southbury CT 06488 (203) 806-9254