Can You Terminate Alimony?

Being under legal obligation to pay alimony or spousal support can present financial challenges, especially when your circumstances change. You may wonder: Can you terminate alimony?

You may be able to seek an alimony modification or termination if you have a valid reason for doing so. Consult an experienced divorce attorney for assistance navigating this process. 

Is Alimony Permanent? 

Many alimony arrangements are temporary, not permanent. Often, the court awards alimony temporarily to give the receiving spouse time to resolve their financial hardship after the divorce. Consult your divorce attorney to understand the intended length of your alimony payments. 

If your alimony is considered long-term or permanent and you can no longer reasonably afford these payments, you may be able to petition the court for a modification based on significant changes in your financial circumstances. Your attorney will help you understand spousal support termination laws and your potential eligibility to modify this agreement. 

Common Grounds for Seeking Alimony Modification or Termination

The court may consider granting an alimony modification or termination for a few reasons. 

  • Your ex-spouse has started making more money: If your ex-spouse has resolved their financial hardship and your alimony payments are no longer necessary to support them financially, the court may agree to terminate alimony. 
  • You have lost your job and cannot find a comparable salary: The court generally bases alimony payments on both spouses’ income at the time of the divorce. If you lose your job and cannot find a position with a comparable salary, the judge may be willing to terminate future alimony payments. However, if you still earn more than your spouse, they may be more likely to modify the payments to reflect your current financial situation. 
  • Your financial circumstances have changed significantly: If you have recently experienced significant financial changes due to factors outside your control, the court may agree to terminate or modify the alimony order. 
  • Your spouse is remarried: In many cases, the court agrees to terminate alimony when the receiving spouse remarries. Remarriage could indicate that the spouse is no longer in financial hardship. 

What Factors Does the Court Consider in an Alimony Modification?

Modifying or terminating alimony requires you and your attorney to submit a court petition requesting a change to the existing alimony order, along with evidence of changes in your circumstances. These are a few factors the court considers when reviewing the petition: 

  • Why your income changed: Did you choose to leave your job, or were you fired? 
  • Whether you tried to find a new job with a comparable salary: If you have not put reasonable effort into finding a new job with comparable pay, the judge may claim you are “underemployed,” meaning you are making less money than your financial potential. 
  • The recipient’s financial situation: If the recipient’s financial situation has not changed, the court may hesitate to decrease their alimony payments and potentially place a financial burden on them. 

Can you terminate alimony? Karen Ann Ulmer, P.C., can review your alimony agreement and help you understand whether a modification or termination may be appropriate. Request a confidential consultation today by calling (866) 349-4117.

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Should You Move Out of the Marital Home During a Divorce?

If you and your spouse have begun the divorce process, you may be considering moving out of the marital home. This would give you space from each other and allow you to start building your new life.

But before moving out during divorce, consult an attorney about whether this makes sense for your case. These are a few potential repercussions to be aware of. 

Moving Out Can Have Child Custody Implications

You may feel that moving out of the family home is a considerate step, giving you and your spouse space from each other. But in some cases, the court may view this as evidence that you are not involved in daily parenting responsibilities. It may even flag you for “spousal abandonment,” which means you left the marital home without your spouse’s consent. 

You do not want the court to view you as the “non-custodial parent” from the beginning. Staying in the family home demonstrates that you contribute to your children’s upbringing, making it more likely that the court would award custody to you or shared custody to both parents. In contrast, the court may view you moving out as abandoning your parental obligations. 

Paying Double Bills Can Impact Your Financial Position

As long as you are still on the lease or mortgage for your shared home, you are likely financially responsible for half of the monthly housing costs. Moving into a new apartment or home will require you to pay double housing costs during the divorce process. This can harm your financial position. 

Your finances affect several aspects of the divorce process. The judge will scrutinize your transactions when considering child custody, spousal support obligations, division of assets, and more. Generally, you should avoid any behaviors that hurt your finances during this process. 

Moving Out Might Make It More Challenging To Keep the Home

If you voluntarily move out of the marital home during the divorce process, you risk being unable to keep the home after the divorce. 

The court may grant exclusive occupancy rights to your spouse, especially if they have primary custody of shared children. If you have already moved out voluntarily, the court may assume that you are in favor of these occupancy rights. 

Carefully consider housing and custody before making any decisions early in the divorce process. While you may initially feel okay about your spouse keeping the family home, you may change your mind later. Moving out could influence how the court approaches decisions about property ownership or use during the divorce. 

Consult Karen Ann Ulmer, P.C., Before Moving Out

Before moving out during divorce, consult an experienced attorney and create a detailed plan for custody and housing costs. In some instances, moving out is the right choice, such as if you feel unsafe in the home. However, it’s important to understand the potential repercussions and seek an attorney’s advice before doing so. 

At Karen Ann Ulmer, P.C., we advise clients on how to protect their marital property rights. Schedule a confidential consultation with our divorce attorneys by calling (866) 349-4117.

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Approaching Big Financial Decisions During Divorce

If you and your spouse have decided to divorce, you might feel eager to begin moving forward and start your new life. However, caution is recommended when making big decisions, especially those involving finances. Here are a few reasons to consider postponing major financial changes until after the divorce is finalized. 

Making Big Purchases Might Impact Your Eligibility for Refinancing the Mortgage

The property division process often requires couples to purchase new vehicles to replace the ones they previously shared. However, before you buy a new car, consider whether you will need to refinance your mortgage after the divorce.

For example, perhaps you and your spouse are both on the mortgage now, but you plan to keep the family home. You might refinance the mortgage to seek a better rate and account for your new sole ownership. Purchasing a vehicle immediately before applying for a mortgage can significantly impact your eligibility and rates. 

Your lender determines your loan eligibility based on your current assets and income. If either of these changes, they may need to reconsider the loan, adding time to the refinancing process and potentially leaving you with worse interest rates. 

Selling Assets Could Lead to Disputes During Property Division 

Pennsylvania follows an equitable distribution policy for divorce, which means the court seeks to divide assets fairly between spouses. Selling assets or making major investments immediately before the divorce could lead to disputes during the property division process.

A judge may assume you were trying to devalue the estate or hide assets. It may be better to delay big financial decisions until after the divorce, when the property division is finalized. 

The Court Could Impute Income for Alimony or Child Support

When a spouse is “underemployed” in a divorce, meaning they work below their skill level and potential earnings, the court may impute income. This means the court would base spousal support and child support on their earning potential rather than actual earnings. 

If you are currently underemployed, consider exploring other employment opportunities to increase your income. Otherwise, the court may base support obligations on imputed income, which could lead to higher payments than you can reasonably afford. 

Your Financial Habits Could Affect Child Custody Choices

Showing that you are financially responsible is important when navigating the child custody process. Remember, your financial decisions leading up to the divorce can affect your reputation in the eyes of the court. 

The judge may scrutinize your transactions to look for signs that you are financially unstable or irresponsible. Even if you can justify the major purchases you made, a judge may not view them the same way you do. 

Consult With Karen Ann Ulmer, P.C., Before You Make Big Divorce Decisions 

Seeking counsel from an experienced divorce attorney can help you determine which financial decisions and transactions might impact your divorce process. Karen Ann Ulmer, P.C., advises clients throughout the asset protection process, divorce mediation, and child custody negotiations. Schedule a confidential phone consultation with our divorce attorneys by calling (866) 349-4117. 

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Divorcing With Young Children: What To Consider

Divorce can be especially complex when young children are involved. This process often significantly impacts child development. Navigating it successfully is important to your child’s well-being. 

As you approach a divorce with young children, keeping a few considerations in mind can help you traverse this process more smoothly. You won’t be able to predict everything your child will need, but you can better anticipate the major concerns that may arise after the divorce. 

Where Will They Attend School?

Divorce is a major change for children, and keeping as much of their lives the same as possible can help them better adapt to this new norm. Consider whether your child will be able to attend the same school, or whether child custody arrangements will move them into a different district during school days.

Then think about logistical details, such as:

  • Transportation to and from school
  • After-school care
  • Attendance at parent-teacher conferences

How Will You Approach Extracurricular Activities?

Navigating extracurricular activities can be challenging when parenting time is shared and those activities overlap with both parents’ time with the child. Will you both be involved in these activities? Will one parent be responsible for taking them to all practices and games? How will you approach extracurricular activities that fall into the other parent’s parenting time? 

How Will You Approach Future Educational Expenses? 

Child support calculations are generally determined by state law, but it may be helpful to think long-term about future financial responsibilities, such as college. Will both parents contribute to the child’s college fund? Will neither? Have these discussions now to avoid disputes years down the line. 

What Parenting Time Schedule Makes Sense? 

The main goal of developing a parenting plan should be prioritizing the child’s best interests. With this in mind, what parenting schedule makes sense for your child? Some families split time between weekdays and weekends. Others divide time between the school year and summer. 

How Will You Successfully Co-Parent? 

Implementing effective co-parenting strategies can help you promote your child’s well-being. Think about strategies you can use to create consistency for your child, such as:

  • Letting the child stay in one home while both parents take turns living in the home
  • Keeping holiday plans consistent from year to year
  • Giving the child plenty of advance notice about changes to the typical parenting schedule

How Might Your Parenting Plan Change As Your Child Ages? 

Going through a divorce with young children requires you to think long-term about what aspects of your parenting plan might change over time. As your child ages, their needs and routines will change. They will gain independence and spend less time with their parents in general. They may also have stronger opinions about which parent they want to live with and how they spend their time. 

Consider how you will adapt to changes and the level of flexibility you want to maintain in your parenting plan. 

Karen Ann Ulmer, P.C.: Protecting Your Parental Rights 

Divorcing with young children can present complex challenges, but at Karen Ann Ulmer, P.C., we provide guidance to parents navigating this process. Contact us at (866) 349-4117 for a confidential consultation. 

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