Spousal maintenance can be one of the biggest issues when couples divorce. Higher-earning spouses may resent the obligation to pay maintenance, while dependent or lower-earning spouses may not be able to live independently without it. People may also call spousal maintenance spousal support or alimony.
Maintenance orders require that one spouse makes regular monthly payments to the other, typically for a set amount of time. The family courts look carefully at family circumstances when deciding how much maintenance is appropriate and how long the maintenance should last. Occasionally, the party paying maintenance may be able to ask the courts to review the order and end it early. Other times, they can reduce what they pay each month.
When is an adjustment or modification of maintenance possible?
When the maintenance is modifiable
State law permits judges to specifically indicate in the order whether or not the maintenance is subject to revision in the future. In cases where the court order declares the maintenance nonmodifiable, adjusting it after the final decree can be a very difficult undertaking.
When there has been a material change in circumstances
Provided that the order allows for modification, the spouse paying maintenance can sometimes ask the courts to review the order and adjust it based on current circumstances. They generally need proof that there has been a substantial or material change in family circumstances.
For some people, a decline in their health or a loss of employment might be the material change that forces them to ask to end or reduce maintenance. They may no longer be able to afford the amount originally ordered and must adjust it so that they can remain compliant with the order.
Other times, it may be good fortune on the part of the recipient spouse that leads to a modification request. Maybe they recently got a promotion or raise at work. Their increase in income may make maintenance unnecessary or might make a reduction in maintenance reasonable.
In some cases, a recipient spouse remarrying or moving in with a romantic partner could warrant a review of maintenance. Having someone else contribute to household expenses can reduce the need for financial support.
Typically, those subject to a spousal maintenance order have to continue making payments until the termination of the order. With that said, understanding when a change may be possible can potentially help people to move on with their lives and rebuild financially after a divorce.
