Spouses often come to expect a certain standard of living during a marriage. They may have also made sacrifices for the greater good of the family that affected their finances and earning potential. In scenarios where one spouse has sacrificed for the other or for their shared children, that spouse may be at a significant disadvantage if the marriage ends.
They could experience a drastic reduction in their standard of living or may not have any reasonable expectation of maintaining an independent household. It may be possible for the lower-earning or dependent spouse to ask for financial support after a divorce. Spousal maintenance, which people refer to as alimony in other states, can help one spouse maintain a consistent standard of living or support themselves until they increase their earning potential after a divorce.
Those paying or receiving spousal maintenance may hope to alter the order by changing the amount of support or how long the payments last. When can a spouse ask for a spousal maintenance modification?
Changes in finances may warrant support adjustments
Generally speaking, any substantial change in economic circumstances may warrant a review and modification of spousal maintenance. If either spouse ceases working, that can have a dramatic impact on financial circumstances.
The paying spouse may no longer be able to afford the amount ordered initially because of their limited resources and income during retirement. The courts may consider modifying spousal maintenance when the paying party no longer maintains full-time gainful employment. However, the courts consider factors such as voluntary unemployment or underemployment when responding to requests to modify or terminate spousal maintenance orders.
Sometimes, improvements in the financial circumstances of the recipient spouse may justify a request to reduce or terminate maintenance payments. A new romantic partner can potentially provide the same kind of support that a spouse previously did. If a spousal maintenance recipient remarries, they may no longer be eligible for maintenance payments. Even cohabitation or moving in with a romantic partner could drastically alter financial circumstances and warrant an adjustment to spousal maintenance.
Health issues can affect maintenance as well. A dependent spouse trying to rebuild their career might have to stop after they have a major medical event. A paying spouse may not be able to continue working full time while they undergo cancer treatment or adjust to life with other major medical challenges.
Those hoping to adjust spousal maintenance may need help reviewing their situation to determine if a modification is possible. Changing spousal maintenance orders can potentially help people to better ensure their financial stability as they rebuild their lives after a divorce.