If you pay or receive alimony, also known as spousal support, and your financial circumstances have substantially changed since the original order was enforced, you may wonder whether those payments can ever be modified. Alimony is a financial obligation one spouse may be required to provide to the other after a divorce or separation. It’s designed to help the lower-earning spouse maintain a lifestyle comparable to the one they were accustomed to during the marriage. Please continue reading to learn whether and how alimony can be modified in New York and why connecting with a determined Nassau County Alimony Lawyer is in your best interest.
Can Alimony Ever Be Modified in NY?
In New York, under certain circumstances, alimony can be modified after it has been set. However, they are typically only warranted by a significant change in financial circumstances. This may include a substantial increase or decrease in either party’s income, remarriage of the recipient spouse, recent retirement, major health issue that impairs earning ability, failure of a business, and more. These are only a handful of changes that can affect your ability to fulfill your financial obligation to your former spouse following a divorce. As such, you may be eligible to modify your alimony payment obligation.
How Can I Request a Modification?
If you wish to receive a modification of your alimony payment obligation, you must demonstrate that you have experienced a significant involuntary change in your financial circumstances. For instance, if you face a demotion or lose your job, this may be grounds for a modification. However, you cannot simply retire early to avoid your legal responsibility to your ex-spouse. You must show that the change in your circumstances has affected your ability to fulfill your obligation. It can be incredibly difficult to prove a change that justifies a modification, which is why it’s in your best interest to enlist the help of an experienced Nassau County alimony lawyer, who can help you achieve a favorable outcome.
When seeking a modification, you must petition the court and gather supporting evidence to demonstrate that your circumstances have changed to the extent that it warrants an adjustment of the amount of alimony currently being paid. With the help of our dedicated legal team, you can file a motion with the court that issued the original alimony order. The court will then schedule a hearing to consider the request. It’s important to consider mediation as it can help you avoid litigation.
As you can see, in limited circumstances, you can request a modification to an alimony order in New York. If you’re facing a substantial change in circumstances that has prevented you from fulfilling your alimony obligation to your former spouse, please don’t hesitate to contact our skilled lawyers who can help ensure your rights are protected. Connect with The Law Offices of Eyal Talassazan, P.C. today so we can get started working on your case.
