Avoiding Legal Trouble

Cases Where You Can Seek An Alimony Reduction

If you're facing a divorce, chances are that you may be forced to make regular alimony (spousal support) payments to your ex-spouse, especially if you earn substantially more than them or they are able to demonstrate to a judge that their lives will be drastically and adversely altered without spousal support.

For many divorcees, paying out huge amounts of alimony to their former spouse can be a daunting prospect which they would rather try to get out of.  If you are in a similar situation and had no prenuptial agreement in place to protect you from paying alimony in case of a divorce, read on to learn instances where you may be able to apply for a reduction on your current spousal support payments.

Change in circumstances

If you have had a change in circumstances that has affected your ability your pay alimony and support yourself financially, you may have grounds for having your alimony payments reduced. Such circumstances may include retirement, unemployment, reduction in income, or a disability that affects your productivity.

You can learn more about this topic by talking with a divorce lawyer. A lawyer can help you apply to have a judge modify your alimony payments as a result of your deteriorating financial situation or increased cost of living. The application to reduce alimony payments often has to be supported by bank statements, tax returns, and other financial documents.

Additionally, you may be able to file an application for the reduction of alimony if your former spouse has recently found work that exponentially increases their income or received an inheritance.  

Cohabitation with another adult

In instances where your ex-spouse is in a new relationship and is living with their new partner, you may have grounds to file an application to reduce alimony.

This is however not a sure "get out of paying alimony" card, as the judge will often have to consider whether the ex-spouse still needs the alimony for their upkeep. For instance, the court looks at whether your former spouse may be contributing to household expenses such as rent, in which case you may still require paying them spousal support.

However, if your divorce lawyer can prove in court that your ex-spouse is getting financial help from their new partner and will therefore not need as much spousal support to make ends meet, your request could be granted.

The above situations can provide sufficient grounds for a downward review of your current spousal support payments.