What Are the Grounds for Changing Alimony in Michigan?
Alimony, or “spousal support,” can significantly impact spouses after they divorce. For the spouse receiving alimony, this financial support can be essential to establishing independence. However, the spouse ordered to pay alimony can feel burdened, as if the order is a weight tying them to a past they are trying to move forward from.
Alimony depends on the needs and financial resources of the parties. As those needs or resources change, so too can the alimony obligation. However, not every change in circumstance will trigger a corresponding change in spousal support. If a change is minor or does not significantly affect your finances, a court may not modify your alimony.
Knowing what situations will likely result in a change to their alimony award can help parties decide when to request a modification from the court.
Top 3 Reasons Courts Modify Alimony
A party has the right to ask the court to review and modify alimony if either party has experienced a significant enough change in circumstances. These changes must be both substantial and likely to persist. For example, a prolonged illness that impacts your ability to work could affect your spousal support amount, while a minor illness will not.
Three other situations that can support a spousal support modification request include:
1. Remarriage or a New Relationship
If the receiving party marries someone else, any alimony they are receiving will likely cease. There is no continuing need for financial support from an ex following a remarriage because your new partner is expected to support you. Even if you still face financial struggles, expect your alimony payments to cease.
Alimony can cease if the receiving spouse moves in with a new partner if that partner is providing support to the alimony recipient. Conversely, the payor’s remarriage or cohabitation with a new partner will not typically alter the spousal support order.
2. Retirement
When one spouse or the other reaches retirement age, alimony is almost certain to change. The reason a change is likely is because retirement can dramatically impact a person’s financial resources. While a payor spouse may continue to pay alimony after retirement, the court can adjust the amount depending on benefits, pensions, and other resources of the parties.
3. Change in Income
Losing your job for a short period of time is not likely to lead to an alimony modification. However, a payor spouse whose income decreases can seek a change in alimony if their income is unlikely to increase in the future. For example, this could be the case if the payor spouse has a disabling injury or is laid off for a long period of time.
Similarly, an alimony recipient who starts a new job can expect the court to lower or eliminate the alimony they receive. As the alimony recipient’s income increases, their continuing need for spousal support decreases.
Contact Gucciardo Family Law for All Your Alimony Concerns
Whether a court has ordered you to pay alimony or you are presently receiving spousal support, an experienced Michigan family law attorney can assist you in understanding how life changes will affect your alimony. Your lawyer can also represent your interests, whether that involves requesting or objecting to a modification.
Contact Gucciardo Family Law today, and let us use our knowledge and skills to address your concerns.
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