Divorce, even under the best circumstances, can be difficult and stressful for everyone involved. This is because various issues need to be addressed and settled, including spousal support. Spousal support, or alimony, is a financial obligation that one spouse owes to the other following a divorce or separation. It’s intended to help the spouse with the lower income maintain the lifestyle they have become accustomed to. However, circumstances may change after a divorce, and it may become necessary to request a modification of the amount of alimony being paid. If this reflects your situation, please continue reading to reading to learn the grounds in which alimony can be modified in New York and contact a determined Suffolk County Divorce & Separation Attorney who can help guide you through these matters.
When Can an Alimony Agreement Be Modified in New York?
In New York, an alimony arrangement can be modified under certain circumstances. Typically, an alimony payment can only be modified when there has been a substantial change in circumstances in either the paying or receiving spouse’s life. If a drastic change can be demonstrated, the court may consider increasing or decreasing the amount of alimony required. The following include but are not limited to the grounds for an alimony modification in New York:
- A change in income or employment status: If there has been a significant change in income, such as the loss of a job or a demotion, this can be a valid cause for an alimony modification as it can impact the spouse’s ability to fulfill their obligation. If the receiving spouse receives a decrease in their salary or the paying spouse receives a large raise, the court can increase spousal support payments.
- A change in health: If you suffer a serious illness or experience a new disability, it can impact your ability to work. As such, if the receiving spouse develops a disability and can no longer maintain a job, they can request an increase in spousal support. If the supporting spouse is the one with the health concern, they can request a decrease in their alimony payments due to the fact they aren’t able to earn as much or need the income to support their recovery.
- A change in relationship status: It’s important to understand that the receiving spouse’s relationship status can impact their ability to recover alimony. If they are involved with a new romantic partner and decide to get married, the supporting spouse can request to terminate alimony payments. If the receiving spouse’s new partner can financially support them, the court may grant a decrease or terminate the support spouse’s obligation altogether.
As you can see, it’s possible to request an alimony modification under certain circumstances. If you want to modify an existing alimony arrangement in New York, it’s in your best interest to contact a trusted attorney who can help you gather evidence to support your claim. Connect with The Law Offices of Susan A. Kassel, P.C. to learn how we can help protect your rights.