For many spouses, alimony is often incredibly contentious, as the paying spouse may feel as though they are ordered to pay too much, while the recipient spouse may feel as though the payments are not enough. Regardless, adhering to the court-ordered spousal support payments is critical to ensure you do not violate the rules of the court. However, if you experience a change in circumstances, it could warrant a change in the order. If you’re unsure how to modify alimony, the following blog explores the circumstances that constitute an alteration and the importance of working with a Long Island alimony lawyer to discuss your legal options.

How Is Spousal Support Determined in New York?

There is a common misconception that the courts will automatically award spousal support to the lower-earning partner, regardless of the circumstances. This is far from the truth, as alimony must be requested, and even then, the court will examine a number of factors to determine if these payments are necessary. Common factors the courts take into consideration for these matters include, but are not limited to, the following:

  • The income of each spouse
  • The earning capacity of each spouse
  • The length of the marriage
  • Each spouse’s financial contributions to the marriage
  • Each spouse’s domestic contributions to the marriage
  • If one spouse stopped working to support the other or raise a family
  • How much training and education would it take for the other spouse to re-enter the workforce
  • The state of the job market at the time of the divorce
  • The tax consequences of alimony for both spouses

It’s important to understand that these factors, while used to determine the necessity of alimony, will also determine how much each payment should be, as well as the duration of the payments.

Under What Circumstances Can Alimony Be Changed?

Like most court orders, you must be able to demonstrate that a significant change has occurred in your circumstances or the circumstances of your ex-spouse for the court to issue a change. As such, the following are some of the most common grounds for alimony modification in New York:

  • Job loss or a significant decrease in income
  • Retirement
  • Chronic injury or illness
  • Cohabitation with a new partner
  • Employment or an increase in income

If you wish to seek a modification, whether to reduce or terminate payments or to increase the amount of alimony you receive, it’s essential to understand the steps in this process. Generally, the first thing you must do is file a motion with the court explaining the change you seek and including any supplemental documentation to help support your claims. Once submitted, you must serve your spouse with a copy of the petition before a judge reviews your motion. If the judge agrees that a modification is warranted, they will issue a new spousal support order.

As you can see, a change in alimony can be an incredibly complicated legal matter, which is why it’s imperative to ensure you obtain experienced legal representation for this process. At the Law Offices of Jay D. Raxenberg, P.C., we understand how overwhelming this can be. That is why our team is committed to doing everything in our power to help you receive the best possible outcome for your circumstances. Connect with us today to learn more.