Spousal Support Modification Lawyers

Life changes significantly after a divorce, and a number of different events could result in the need to modify a permanent spousal support order or alimony modification. A common spousal support modification motion generally relies on one of the following events as the basis for a change:

• Change to income of either party - this can include an increase or decrease in income
• The supported spouse obtaining education or employment experience
• Cohabitation of the supported spouse - this is not an automatic right to support modification like remarriage of the supported spouse, but can be a basis to modify the order
• Relocation of either party which results in new tax considerations
• Change to the child support order or emancipation of minor children
• Failure on the part of the supported spouse to make efforts to become self-supporting
• Retirement

Unless otherwise stated in the divorce judgment, spousal support orders can be modified upward or downward. In addition, spousal support orders can be terminated. As a hybrid option, the court can order a step-down or “Richmond Order”. In a marriage of short duration (usually less than 10 years) the general rule is that spousal support terminates once it is paid for half of the length of the marriage. In most cases, this termination date is set forth in the divorce judgment and no modification motion is required to end the support order. However, in a marriage of long duration (usually 10 years or more), most divorce judgments do not contain a termination date and set the burden on the paying spouse to return to court to lower, step-down, or terminate spousal support.