Tag Archive for: alimony modification

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.

by

Alimony in a Divorce

If you expect to receive alimony in a divorce, you will want to make sure that any agreement specifies the terms on which it is modifiable. Alimony is normally modifiable in amount provided you state that in your agreement, but not modifiable in duration. In Pennsylvania, however, if your spouse dies or you remarry or you live with another person unrelated of the opposite sex, alimony terminates at that time, unless you specify otherwise in an agreement. Since alimony does terminate in death, it is important to consider life insurance in your divorce plan or agreement. Many agreements will provide that until your alimony terminates that it is secured by a life insurance policy equal to or more than the remaining amount of money that you anticipate that you will receive over the course of the alimony term. In some instances, you may want to consider a buyout of alimony if you are paying alimony. This means that instead of making monthly payments on alimony, you lump sum the payment upfront and usually ask for a reduced amount since the money is being paid immediately. In this case, however, you may lose the deduction on your tax return depending on how the agreement is drafted since normally alimony is deductable by the payor and taxable to the payee. In addition, you will not be entitled to any of the payment back should your spouse remarry or cohabitate, but you will not be subject to an increase if your income goes up. There are many options to consider when paying or receiving alimony that should be considered in any divorce settlement. You should consult both an attorney and a certified public accountant.

by

Alimony Modification

Alimony is support paid to an ex-spouse following the divorce decree. Unless otherwise stated by agreement, alimony may be subsequently modified due the changed circumstances of either party. The changes must be substantial and of a continuing nature. For example, if a party loses their employment or becomes disabled modification could be sought. An alimony provision within an agreement between the parties may not be modified in the absence of a specific provision allowing such a modification within the agreement.

Generally, the length is directly attributable to the length of the marriage. For example, a party may expect approximately 1 year of alimony for every 3 years married. For marriages of over 25 years, an indefinite term of alimony may be appropriate. However, the trend is to now consider the retirement ages of the parties when determining the appropriate duration of an alimony award. If the parties include alimony as a part of their own settlement agreement, they are free to set the amount and length as they so agree. The amount of alimony is largely based on the incomes of the parties but may also be affected by the distribution of the other assets, if any. In total, there are fourteen factors for a court to consider in awarding and/or modifying an alimony award. These factors can found at 23 Pa. C.S. Section 3701.

Click here to read more about alimony.

by