Alimony is one of the most contentious subjects that come with divorce. The volatile mixture of an ended relationship and the continued financial obligation to that person can create ongoing tensions that are difficult to navigate. Thus, a burning question that family lawyers regularly receive is how and when alimony orders can be modified or terminated.
When Can I Modify an Alimony Order?
An existing alimony order can be modified upon a showing of changed circumstances. For example, a twenty percent change or more in a supporting spouse’s gross monthly income—based on that spouse’s Federal tax returns—constitutes a change in circumstances that mandates a court’s review. A decrease in income by 20% justifies lowering alimony that has not already accrued. Also, courts will consider the statutory factors when deciding how alimony will be modified.
Under What Circumstances Does an Alimony Obligation End?
Speak with a family law attorney if you have questions about your alimony order or agreement. An attorney can help you navigate how an alimony obligation ends, which includes:
- When the alimony order or agreement specifies. For periodic alimony, a court order or agreement will require that the supporting spouse make payments for a specific duration. The obligation ends when that period ends and all payments have been made.
- A significant reduction in the economic needs of the spouse receiving alimony. When a court considers modifying alimony, it can consider a significant change in the economic needs of the spouse receiving alimony. In certain circumstances—such as a lucrative new career or cohabitating with a new partner who provides significant financial support—a court may terminate an alimony obligation altogether.
- The remarriage of a spouse. When a person receiving alimony remarries, the law presumes that the new spouse will assume the financial obligation of supporting that person. Thus, they should no longer receive alimony.
- The death of a spouse. Alimony obligations end with the passing of a spouse.
Seek Family Law Representation from Viloria, Oliphant, Oster & Aman L.L.P.
If you have questions about the modification or termination of an alimony order, contact Viloria, Oliphant, Oster & Aman, L.L.P. For decades, our attorneys have provided unparalleled legal service to individuals in the greater Reno area. You deserve a family law attorney who understands the law and who will fight on your behalf. Let us help you. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 to schedule an appointment or contact our office through our website.