One issue that can be ripe for dispute in divorce is spousal maintenance. In many marriages, one spouse was the sole earner or earned a greater salary than the other spouse. Once the divorce is finalized, the lesser-earning spouse will need time to gain education, training and skills to support themselves. This is where spousal maintenance – also referred to as alimony – enters the picture.
Some people will wonder about the duration and the amount of the payments. The order will detail how long the payments will last and how much it will be. For some, however, they want to know if there are circumstances in which they can modify the order. The law does allow for a modification, but it is imperative to understand when it can be done.
Know when a maintenance order can be modified
A person might want to modify the maintenance order for myriad reasons. Perhaps they had a sudden and unexpected expense that they are having trouble paying. Or, if they were working, they could have lost their job or seen a reduction in salary. The paying party may ask for a modification if the recipient had a sudden windfall or secured a good paying job.
It is essential to show why the modification is needed. If the circumstances have not changed in a way the court deems significant enough to warrant a modification, then the order will likely remain the same. While the court is weighing whether the change the order, the regular payments must be made as usual.
Any family law-related issue may require guidance
Those who are paying or receiving spousal maintenance should understand the basics as to when a person is eligible to receive the payments. Income, marital duration, if there are children from the marriage, age, employment, ability to meet their basic needs and more come into play. If these factors change, then the order might be modified. For these and other family law considerations, it is wise to be prepared from the outset.
