Onward Intel: Modifying Maintenance (Alimony) Post Divorce
Divorce settlements often include spousal maintenance (alimony) to help one spouse maintain financial stability after the marriage ends. However, life circumstances change, and over time the original maintenance agreement may no longer be fair or practical. Whether you are paying or receiving maintenance, you may have the right to request a modification based on significant changes in financial or personal circumstances.
When Can Spousal Maintenance Be Modified?
Not all alimony agreements can be changed. The ability to modify maintenance depends on:
1. Whether Your Agreement Allows Modification
- If the divorce decree includes a non-modifiable maintenance clause, changes are generally not permitted.
- If maintenance is court-ordered and modifiable, you may petition for an adjustment under qualifying circumstances.
2. Significant Changes in Circumstances
Courts generally require a substantial and continuing change in financial or life circumstances to modify maintenance. Common reasons include:
✅ Loss of Income or Job Change – If the paying spouse experiences a major and involuntary loss of income (e.g., job loss, disability), they may request a reduction in payments.
✅ Increase in Income of the Receiving Spouse – If the recipient of maintenance gets a higher-paying job or experiences a significant financial improvement, the paying spouse may request a reduction or termination.
✅ Retirement – Courts may consider a reduction in maintenance if the paying spouse retires in good faith and experiences a lower income.
✅ Remarriage or Cohabitation – If the receiving spouse remarries or is in a financially supportive cohabiting relationship, maintenance may be reduced or terminated.
✅ Health Issues or Disability – If either party experiences a serious illness or disability affecting their ability to work, the court may adjust maintenance payments.
✅ Changes in Cost of Living – Substantial increases or decreases in financial needs may justify modification.
How to Modify Spousal Maintenance
1. Review Your Divorce Decree
- Check whether maintenance is modifiable and if there are any specific terms regarding changes.
2. Attempt Negotiation with Your Ex-Spouse
- If both parties agree to modify maintenance, they can file a stipulated modification agreement with the court, which may expedite the process.
3. File a Motion with the Court
- If an agreement isn’t possible, you will need to file a motion to modify maintenance in the court that issued the original order.
- You must provide evidence of the substantial change in circumstances.
4. Attend a Court Hearing
- A judge will review the case and determine whether modifying maintenance is fair and justified.
- The burden of proof is on the party requesting the modification.
Can Maintenance Increases Be Requested?
Yes. If the receiving spouse’s financial situation worsens due to unexpected hardships, such as disability or loss of income, they may petition for higher maintenance payments—as long as the agreement allows for modifications.
Key Takeaways
✔ Not all maintenance agreements are modifiable—check your divorce decree.
✔ Courts require substantial and ongoing changes in circumstances to approve modifications.
✔ Negotiating with your ex-spouse may be faster and more cost-effective than litigation.
✔ Filing a motion to modify maintenance requires strong financial evidence.
✔ Consult an attorney if you’re unsure whether your situation qualifies for modification.
If your financial situation has changed, seeking a modification can help ensure that maintenance remains fair and reasonable for both parties.