Under Connecticut law, either spouse can petition the court for a modification of alimony unless the divorce decree precludes modification. In other words, some Separation Agreements prohibit modification altogether – others limit modification to amount or the duration of support.

If a Motion to Modify Alimony is filed, a former spouse can request an increase or decrease of the amount, or to temporarily or permanently stop the payments.

Modifying alimony is really a two-step process:

Step 1. The party requesting modification has to prove a “substantial change in circumstances” since the original support award was entered, or since the last time the order was modified.

This could include either party getting a new job or a raise. It also may include either party experiencing a decrease in compensation or changes in the assets of either party.

Other examples are:

  • Deteriorating health of either party
  • Loss of child support or change in child custody
  • Remarriage or cohabitation

Step 2. If step one is met, then it’s back to the drawing board. The judge will consider:

  • The length of the marriage
  • The cause of the divorce
  • The age, health, station, occupation and sources of income of the parties
  • The vocational skills and employability of the parties
  • The estate and needs of each party
  • If one parent has custody of minor children, the desirability of that parent securing employment

Modifications of alimony are very fact dependent. Sometimes former spouses can reach a settlement. But if the case heads to trial, this is not an area to tread without a lawyer.

Stamford Alimony Attorney

I represent clients in Connecticut Divorce proceedings though out Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.

Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 if you have questions about how to modify alimony in Connecticut.

 

CategoryAlimony, Divorce

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