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You and your former spouse might have negotiated spousal support before or during the pendency of your divorce. If you could not agree, a court might have decided on alimony when it issued your divorce decree.
Over time, changes in your or your former spouse’s situations might require a change to the spousal support agreement. Contact a qualified alimony attorney immediately if you feel your spousal support agreement no longer works for you.
A Red Bank spousal support modification lawyer could review your circumstances and explain whether seeking a change to the alimony arrangement is appropriate. If so, your dedicated legal professional could guide you through the entire process.
Modifying a spousal support order is not always possible. Whether a modification is a possibility depends on the type of alimony the judge ordered.
Lump sum alimony or alimony in solido is final, and neither the payor nor the recipient can modify it after the court has issued an order. Temporary alimony, which is alimony paid during the pendency of the divorce, can be modified only if the parties agreed to allow modification in their agreement regarding temporary alimony.
Tennessee Code Annotated § 36-5-121 makes modification available for rehabilitative (short-term) alimony and alimony in futuro (also called permanent or long-term alimony). Consult with an experienced Red Bank attorney for information on whether your alimony order is modifiable.
Either party could request a modification if a divorce decree calls for rehabilitative or long-term alimony. A paying spouse could seek to reduce or eliminate their alimony payment, and a receiving spouse could seek an increase in the alimony amount or an extension of the duration of the alimony obligation. However, the requesting party must prove that a substantial change in their circumstances requires modifying the spousal support agreement.
The requesting party must show that a circumstance such as a job loss, natural disaster, health crisis, or similar event requires a change to the alimony order. If a receiving spouse seeks to modify the agreement by extending rehabilitative alimony, the spouse must demonstrate that they have made significant efforts to become self-supporting and need more time.
Except when a spouse received a lump sum payment (alimony in solido), a recipient’s remarriage ends the obligation to pay alimony. If the recipient cohabitates with an intimate partner, the law presumes they no longer require support. However, the paying spouse would need to seek a modification to terminate the alimony. A skilled Red Bank alimony modification attorney could help a payor bring an action to end spousal support for a cohabitating recipient.
Spouses who communicate well might not have to go to court to modify their spousal support obligations. When both spouses agree to a modification, a court would typically accept it.
A couple could negotiate by themselves or employ a mediator to help them decide on a new alimony arrangement. A capable spousal support modification lawyer in Red Bank could reduce the agreement to writing and submit it to the court for approval.
As time passes, situations change, and sometimes a spousal support order becomes inadequate or unworkable. In such cases, the law allows the parties to modify the obligation.
An alimony order is an enforceable court order, and changing it requires a court’s approval. Work with a Red Bank spousal support modification lawyer to ensure the court accepts the changes you and your spouse developed. If you must go to court to ask for a modification, your committed attorney could represent your interests.
There is no reason to handle these matters without sound legal advice. Call today to speak with a knowledgeable legal professional.