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Can alimony payments be modified?

Alimony, or spousal support, can always be modified through a court order. However, the spouse that wishes to modify the payment amount must show a “change in circumstances” that would make alimony modification reasonable. The party must prove to the court how the changed circumstances have affected his/her life and how an increase or decrease in payment amount would significantly affect the situation.

If the spouse that pays the alimony gets remarried, it does not terminate his/her obligation to pay alimony to the former spouse. Not being able to afford two families is not a sufficient enough change of circumstance to decrease alimony payments. This spouse must be able to bring forth other factors if he/she wishes for a modification.

Furthermore, if the spouse receiving alimony gets remarried, than all alimony payments from the former spouse are immediately terminated regardless of either party’s financial situation. If the remarried spouse’s marriage fails, he/she cannot go back to court to petition a reinstatement of the first spouse’s alimony obligation.

Please contact us today to speak to a qualified and experienced divorce attorney who can protect your legal rights and interests.

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