
In many divorce cases, spousal support — commonly referred to as “alimony” — is awarded to maintain the financial status quo and ensure a dependent spouse is able to become self-supporting. However, spousal support isn’t always set in stone. From unexpected illness to involuntary job loss, New York law recognizes that there may be instances in which a spousal support modification is appropriate.
Spousal support is payment made by one spouse to the other after a divorce. It is established for a specific duration, based on the length of the marriage. While spousal support is determined in the divorce decree, there are several reasons the amount awarded can be changed at a later time.
Importantly, after the divorce decree has been issued, neither spouse can change the terms without the consent of the other — or permission from the court. A spousal support modification allows a change to be made to the original award. It can be either an upward or downward modification, based on each party’s financial situation. The objective is to ensure that spousal support is fair and reflects the financial circumstances of each party.
Spousal support modifications are not granted automatically. A party asking for an upward or downward modification must show that there are changed circumstances that affect their financial situation. Either party can request a spousal support modification in the event one of three conditions are met. Spousal support in New York can be modified if:
A substantial change in circumstances that may warrant a spousal support modification can include job loss, retirement, or an involuntary pay cut for the supporting party. A paying spouse might also request a downward modification if they have experienced a sudden illness or disability. In addition, a modification may be granted if the receiving spouse has remarried, is in a long-term cohabitation relationship, or has become self-supporting and no longer needs alimony.
A party cannot unilaterally decide to decrease spousal support payments or stop paying them if there is a court order in place. There is a legal process that must be followed to obtain a spousal support modification in New York. The parties can negotiate a settlement between themselves or with the help of mediation and submit the agreement they have reached to the court to become a binding order. If the parties do not agree regarding the modification, they can litigate the matter in the courtroom.
To request a spousal support modification from the court, the party asking for the modification will need to file a petition with the court that issued the original order. This document should clearly outline the reasons the modification is being requested and provide supporting evidence. After the petition has been filed with the court, it will need to be served on the other party.
The court will schedule a hearing at which it will review the modification request, evaluate the evidence in the case, and hear both parties’ arguments. The evidence that may be presented in a modification case will depend on the reason the modification is requested. It can include financial documents, medical records, bills, employment termination letters, tax returns, pay stubs, profit and loss statements, and other relevant documentation.
Once the court has considered the evidence and each party’s position, the judge will render a decision in the case. If the spousal support modification is granted, the court will issue a modified order that reflects the changes made to the original order. The modification is legally binding upon both parties — if a party fails to comply, the other can ask the court to enforce the order. The consequences for failure to comply with a spousal support order can include sanctions, fines, income withholding, and being held in contempt of court.
Spousal support modifications can be complex. Whether you are the party who is receiving support or paying it, having a knowledgeable family law attorney by your side is crucial to safeguard your rights and protect your financial interests. At Duke Law Firm, P.C., we are dedicated to providing our clients with reliable representation for a variety of divorce and family law matters, including those involving spousal support. Offering compassionate counsel and skillful advocacy, we welcome you to contact us today to schedule a consultation to learn how we can help.