Can Spousal Support Be Modified?

One of the main issues that must be addressed when two individuals decide to get divorced is alimony. Alimony, or spousal support, is necessary in many relationships to ensure the divorce is fair and one spouse is not left destitute and struggling financially. Although spousal support is a legal agreement, it can be modified by a court under certain circumstances. A Memphis, Tennessee alimony lawyer can offer skilled advice and legal representation during your divorce. Contact an attorney today.

What is Spousal Support?

Spousal support is a monthly financial payment that one spouse pays the other after the end of their marriage. The higher-earning spouse contributes to financially supporting the lower-earning spouse to ensure that the divorce does not create a significant hardship on either party.

Can Spousal Support Ever Be Modified?

Yes, spousal support can be modified. The alimony agreement is included in the divorce decree, meaning that it is a legally enforceable contract. However, courts can issue adjustments to the agreement if there are significant changes in either party’s life that impact their needs or ability to pay.

When Would a Court Grant a Modification?

Although it is possible to alter the payment plan, courts will not grant a modification to the spousal support agreement for just any reason. There must be evidence of a significant change in circumstances. The following could be valid reasons for a modification.

• The paying spouse experiences a pay cut. Whether they were fired or demoted, if their salary decreased significantly a court may determine that they can no longer afford to continue the same payments.
• The receiving spouse gets a salary increase. If the spouse who receives support gets a new job or a raise that places them in better financial standing, the paying spouse may request a decrease or termination of alimony.
• The receiving spouse remarries. If a relationship status change results in the receiving spouse having someone else financially supporting them, it could be grounds for a modification or termination.
• The paying spouse retires. Retirement can also impact the amount of money that an individual makes so they may not be able to keep up with the same payment plan.
• The receiving spouse becomes disabled. If their earning capacity decreases even more they can seek an increase in spousal support as a way to help fund their disability or ailment.
• The paying spouse becomes disabled. If a medical issue occurs the supporting spouse may need to redirect their funds to their own health and well-being so a decrease could be granted.

It is important to note that the above reasons related to the paying spouse’s income must be unwilling or natural. For example, the supporting spouse cannot willingly take a pay cut in an attempt to end their financial obligation to their ex. The court will reject the modification or termination if it is found to be based on actions in bad faith.

Do not hesitate to contact an attorney at Rice Law for skilled and individualized legal advice and representation.