Going through a divorce is often one of the most difficult matters someone will endure, as this not only entails the loss of an important relationship but also significant changes in your life. However, as time progresses after the divorce, you may settle into a new routine and regain a sense of normalcy. Unfortunately, if you experience another significant life event, you may need to change the current spousal support order. If you’re unsure how this works or the steps you must take, the following blog explores if and when this is possible and the importance of working with a Somerset County alimony attorney to help you fight for the best outcome for your circumstances.
How Is Spousal Support Calculated During a Divorce?
First and foremost, it’s critical to understand that alimony is awarded on a need-basis. As such, the court will not simply award whichever spouse earns less alimony. This must be requested, and even then, alimony is not guaranteed. The court will examine a number of factors before determining whether or not to award spousal support, and if so, how much and the duration of the payments.
Generally, to determine if alimony is necessary, the court will consider the following matters:
- The income and earning capacity of each spouse
- The ability of either party to pay alimony
- The length of the marriage
- The standard of living established during the marriage
- If either spouse gave up their career to support the other
- The tax consequences of alimony could have for either spouse
What Circumstances Warrant a Change, and How Do I Seek a Modification?
First and foremost, it’s critical to understand that alimony orders cannot be changed unless a significant change in circumstances occurs. This helps prevent people from seeking a modification simply because they disagree with the court order. Instead, the court will consider what changes have occurred in your life and the impact it can have on a spousal support order before determining whether or not to modify the current order. Common situations that can warrant a change include, but are not limited to, the following:
- The recipient spouse cohabitates with a new partner
- Job loss by either party
- Significant pay raise or promotion by either party
- Retirement
- Injury or disability
If you wish to seek a change in the current spousal support order, the first thing you must do is file a motion with the court that issued the original order. In this motion, you’ll need to provide evidence of the change you experienced. Once filed, you will serve your spouse before setting a hearing to determine if the change is necessary. At this hearing, your spouse may provide counter-evidence. Should the court agree that a change is necessary, it will issue a new order.
As you can see, the process of changing a court order for spousal support can be incredibly difficult, which is why it’s in your best interest to enlist the assistance of an experienced attorney to guide you through these matters. At the Siragusa Law Firm, our team understands how overwhelming this process can be, which is why our firm will examine your circumstances to help you in the fight for the best possible outcome. Contact us today to learn more.