Life is unpredictable, and financial circumstances can shift dramatically after a divorce. Whether you are paying or receiving spousal maintenance, you may wonder if adjustments can be made to reflect a new reality.
In New York, modifying spousal maintenance (alimony) can be extremely challenging, but is possible in some situations. However, success requires meeting specific legal criteria.
Common grounds for modification
New York courts allow alimony modifications under certain conditions. The requesting party must demonstrate a substantial change in circumstances before a court will agree. Examples may include:
- A significant increase or decrease in income
- Job loss or unexpected financial hardship
- Serious health issues affecting earning capacity
- The receiving spouse entering a new domestic relationship
Modifications may be considered if three years have passed since the original order or if either party’s income has changed by 15% or more.
The legal process for maintenance modifications
To modify alimony, the requesting party must first file a petition with the court. The burden of proof lies with the petitioner, meaning they must provide compelling evidence of the change in circumstances. Courts will assess factors such as the length of the marriage, financial needs and the ability of the paying spouse to continue or increase support.
Impact of remarriage and cohabitation
In most cases, spousal maintenance automatically ends if the receiving spouse remarries. Cohabitation, or living with a new partner can also lead to termination if the new relationship resembles a marriage in financial and domestic aspects.
Navigating post-judgment modifications can be complex. Consulting a family law professional can help you understand your rights and obligations and create a strong case for spousal maintenance adjustments.