Spousal support (alimony) is often awarded in a divorce to maintain financial stability. The courts generally do not want one spouse to struggle financially after divorce.
Alimony orders are legally binding. They must be paid according to the terms set out in the legal agreement. However, financial circumstances can change, and there are occasions when the court will approve a modification based on a valid legal reason.
Here are some important factors to keep in mind.
Changes in income
Alimony may be adjusted according to the income of either spouse. If the receiving spouse obtains a job with substantial income, they may no longer require assistance. If the paying spouse loses their job, then it may no longer be feasible for them to keep paying the set amount. At the same time, if the paying spouse starts to earn more, they may be expected to contribute more alimony to their former spouse.
Health conditions
If a paying spouse develops a serious health condition, their finances will likely be caught up in treating it. They may also be unable to work. Of course, the receiving spouse may also develop a health condition, which means they may require more financial assistance to cover medical and daily living expenses. These are all valid reasons to request an alimony modification.
Remarriage
In most cases, alimony stops when the receiving spouse remarries. However, this can depend on whether the receiving spouse receives any financial benefits from the new relationship or their new spouse’s income.
As you can see, alimony depends on carefully assessing each spouse’s financial circumstances. Before requesting a modification, it may be beneficial to seek some legal guidance.