A very common question is whether alimony can be changed after a Connecticut divorce is final. This is called a post judgment modification.
Read on to learn more.
Substantial Change in Circumstances
The court cannot order alimony in the future if alimony if didn’t order alimony in the divorce. If it was, the next question is whether the divorce order specifically prohibits modification of alimony. In cases where the order is silent on modification, alimony may be increased, decreased, or eliminated when there is a substantial change in circumstances of either ex-spouse.
To determine whether there has been a substantial change in circumstances, courts compare the circumstances at the time of the last alimony order with circumstances at the time that a party seeks a modification. A minor income fluctuation alone generally isn’t a “substantial change in circumstances.” Also, an increase in the income of the alimony payor alone generally isn’t enough to modify an alimony award upward.
Alimony Factors
If the court finds there was a substantial change in circumstances, it applys the original alimony factors.
Read: What Factors Are Considered When Determining Alimony in a Connecticut Divorce?
Remarriage and Cohabitation
Many people assume that alimony automatically ends when the alimony recipient moves in with or marries a new partner. This is not the case, unless the court order from the divorce says so.
Read: How Do Remarriage or Cohabitation Impact Alimony in Connecticut?
Next Steps
If you are deciding whether to seek to reduce or eliminate your obligation to pay alimony, it’s important to have an experienced divorced legal team review and determine what specific orders already exist. Similarly, if your former spouse is trying to modify or terminate alimony payments to you, you want to have an attorney review your existing court order.
Our first step at Freed Marcroft, the Goals & Planning Conference, is designed to get to the heart of your problem and unveil your true goals. Then, we take those goals along with the facts of your case and analyze them in light of your existing order so that we can present you with recommendations and options on how to move forward.
Schedule your Goals & Planning Conference today, or contact us either here or by phone at 860-560-8160.
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