Ideally, a divorce would mark a clear split. Once the divorce was finalized, you'd only interact occasionally with your former spouse, and you'd likely both leave the courthouse with the sigh of relief that follows a clean break.
Unfortunately, many divorces aren't clean breaks. If you share custody, you and your partner will likely interact frequently, even just for a minute or two a week during pickups and drop-offs. The job market's ups and downs can impact your paycheck, which in turn impacts your ability to support yourself, your children, or your former spouse.
Because life is subject to change, aspects of your divorce are subject to change, too — even after the divorce papers are finalized. Below, the blog discusses one common aspect of divorce that can continue even after the supposed clean break of a divorce: alimony. Keep reading to learn why you may need to modify a spousal support arrangement and how a lawyer can help.
1. One Party's Income Changes
Did you get a recent promotion that increased your income? Have you recently lost your job? Did your partner remarry, increasing their annual household income? If you or your ex-spouse experiences a dramatic shift in income, circumstances could require you to modify existing alimony payments.
For instance, if you've lost your job, expecting you to maintain your current alimony payment is likely unrealistic. Similarly, if the partner you pay alimony to just received a substantial raise, you likely don't need to pay them the same amount to help them retain their pre-divorce standard of living.
2. One Party Experiences a Financial Emergency
If a severe injury leaves you with thousands of dollars in hospital bills, you likely can't juggle paying for expensive care and paying alimony. You may be able to modify a spousal support agreement to reduce payments until your financial prospects improve.
3. One Party's Cost of Living Changes
If the cost of living in your state goes up year after year, the same dollar amount won't probably go as far. If your area has become more expensive, you might need to modify the alimony agreement to request more money from your former spouse.
Or, if you're the partner paying alimony and your cost of living has substantially increased, you could file to reduce your spousal support since you won't have as much cash to spare.
4. One Party Has a New Child
If you currently pay alimony but are expecting a new baby, the court may lower your monthly payment so you can support another dependent. Bear in mind that parenting stepchildren might not grant you the same reprieve. Even if you're adding multiple stepchildren to your blended family, you could be required to pay the same amount of alimony.
5. Both Parties Can Now Support Themselves
In all but the most extreme cases, no one is expected to pay (or receive) alimony for an entire lifetime. Instead, alimony payments should have a logical end — usually when the spouse receiving the payments becomes able to support themselves financially.
Hopefully, your divorce settlement contained a Gavron Warning, or a legal warning to the partner receiving alimony that they're expected to support themselves financially after a set amount of time.
If your divorce didn't include a Gavron Warning but you want to modify your alimony's terms, speak with a lawyer who can educate you on how to change — or end — payments. Without a lawyer's help, demonstrating that you need to end payments can be challenging.
Have you experienced any of the changes listed above? Do you live in the Redding area? Schedule a consultationwith David Wilson, Attorney at Law. A capable lawyer with our firm will work to help you bring payments in line with your changing life circumstances.
