Can Alimony be Modified if an Ex-Spouse is Living With Someone?
Full Question:
Answer:
When a divorce decree is issued by a court, that court retains jurisdiction to modify its order. A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. If any factor used in determining spousal support changes, such as a change in income or remarriage, modification may be available. The amount of modification will be a matter of subjective determination for the court based on all the facts and circumstances involved.
A variety of events may call for an alimony modification. These include:
An increase or involuntary decrease in the supporting spouse's income
An increase or decrease in the recipient's income
An increase in the cost of living
A disability that affects either spouse
A financial emergency (for example, a large medical bill) that affects either spouse
The recipient's loss of his or her home
The recipient's cohabitation with another person
The remarriage of the supporting spouse
A change in state laws
Either party can petition the court for alimony modification at any time. In most states, if there was a modification in the past, a new petition can't be filed for a set period of time.
To revise alimony orders, the court first must rule that there has been a change in circumstances. The court looks at the recipient's needs, the recipient's ability to provide for those needs, and the supporting spouse's ability to maintain the recipient's standard of living. Contributions to living expenses made by a cohabiting partner may be taken into consideration.
The party that petitions for modification bears the burden of proof in court. That means the petitioner must fully disclose his or her financial situation, including tax records, before the court examines the other spouse's financial situation.
If the parties reach an agreement, a judge can approve a modification without going to trial. Both parties may need legal counsel if the case goes to trial.
