There are two main ways for spousal support to be modified. First, spousal support can be modified by agreement. This seems to be the most efficient and easiest way to modify support. However, in many cases one party may not want to have the spousal support changed and the parties will be unable to come to an agreement. In that case, spousal support can only be changed if there has been a material change in the circumstances of the parties, not reasonably in the contemplation of the parties when the award was made or (ii) an event which the court anticipated would occur during the duration of the award and which was significant in the making of the award, does not in fact occur through no fault of the party seeking the modification.
So what are examples of changes in circumstances that can result in a modification? Examples include:
- Remarriage
- Cohabitation
- Retirement
- Involuntary loss of a job
- Incapacity
- A change in work hours
- A job promotion
Modification of spousal support can be a complex and long process. In addition, factors such as the language of the previous agreement, the type of support awarded, and the amount of support awarded may be taken into consideration. Contact us at Holcomb Law to schedule what we call your “No Hassle Legal Strategy Meeting,” (No Hassle = no sales pitch) at which WE GUARANTEE that your attorney will answer ALL your questions and show you your options. You will leave informed and ready. We are at 757-656-1000 or at info@attorneyholcomb.com.