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Does it make sense for you to ask for an alimony modification?

| Mar 31, 2021 | Divorce |

After your divorce, you have the right to return to the court and request changes to the original alimony order. However, this may not always be in your best interest.

According to FindLaw, alimony modification is only an option if you have changes to your circumstances that are significant. There is no use wasting your time if you do not meet the court’s requirements. Furthermore, a request for a change can end with a ruling that is not in your favor, so you need to prepare for that.

Requirements

Whether you wish to pay less or receive more, the most common reason for a modification request is a change in income.  However, for the court to agree this is a significant and reasonable change, you have to prove that it was not something you did voluntarily.

For example, if you quit a job for any reason, including retirement, it often does not meet the court’s requirements. You would need to show there is something forcing your actions, such as medical issues.

The involuntary requirement often causes issues in modification requests, so you need to back up your claims with solid proof to the court.

Ruling

You should always check into your ex-spouse’s circumstances before making any modification request. The reason for doing this is if the other person had changes in his or her circumstances as well, you could end with the court issuing a ruling that is the exact opposite of what you want.

It is imperative that you make sure you meet all requirements and that your former spouse has no changes in his or her life before ever making a request. If there is the possibility the court could rule against you because you cannot meet these requirements, then it may not be worth it to file for a modification.