Life doesn’t always look the same five years—or even a couple years—after a divorce. Maybe you’ve lost your job, developed a serious illness, or had a major change in your financial situation. Or perhaps your former spouse’s circumstances have changed significantly. When that happens, you may find yourself asking: Can spousal support be modified?
The answer is often yes, but changing a spousal support order isn’t automatic. Whether you can modify spousal support depends on the laws in your state, the circumstances that have changed, and the language of your original support order.
Spousal support, sometimes called “alimony” or maintenance, is money one spouse may be required to pay the other after separation or divorce. The rules governing spousal support vary depending on where you live. In the United States, spousal support is generally governed by state law, while in Canada, the federal Divorce Act governs support for married couples who divorce, with provincial and territorial laws also applying in certain situations. Both countries have guidelines and other frameworks that can help determine the amount and duration of support, although judges may have discretion depending on the circumstances and the applicable law.
An order for spousal support is based on the circumstances of both spouses at a particular point in time. It takes things such as income, health, and ability to earn into account. If those circumstances change significantly later, the original order may no longer reflect reality. That’s when a spousal support modification may be possible.
When Can Spousal Support Be Modified?
In many places, you need to show a substantial change in circumstances before a court will modify spousal support. In other words, simply deciding that your support payment is too high—or that the amount you receive is no longer enough—usually isn’t sufficient. Courts want to see a significant change that happened after the original support order was issued.
Depending on the state or province and the circumstances, examples might include:
- losing a job involuntarily
- experiencing a significant reduction in income
- developing a serious illness or disability
- having a major and unexpected change in financial resources
- experiencing a substantial change in the other spouse’s financial situation
The change typically needs to be something that wasn’t expected when the original support order was made.
Voluntary Changes May Not Be Enough
What if you choose to make a change to your income? That can make things more complicated.
For example, if you voluntarily quit your job, reduce your hours, or take a substantially lower-paying position, the court may decide that you haven’t shown the kind of change necessary to reduce your spousal support obligation. If the court believes the change was made deliberately to reduce your support obligation, it may be less likely to approve the modification.
Courts generally look at whether the change was genuinely outside your control. Someone who unexpectedly loses their job may have a very different case from someone who chooses to stop working or reduce their income because they no longer want to support their former spouse.
So before assuming that a drop in income means you can reduce your support payments, it’s important to understand how your state handles voluntary changes.
What Can Cause a Spousal Support Modification?
There are several life changes that may provide grounds for modifying spousal support.
Job Loss or Reduced Income
An involuntary job loss or significant, unexpected decrease in income may support a request to reduce spousal support. The details matter, though, and the court will generally want evidence showing what happened and why the income change wasn’t voluntary.
Serious Illness or Disability
A serious illness or disabling injury can also affect someone’s ability to work and earn an income. If your health has changed significantly since the original support order, that may be relevant to a modification request.
A Major Change in Financial Circumstances
A substantial and unexpected increase or decrease in either spouse’s income or financial resources can sometimes justify changing an existing support order.
Remarriage or a New Partner
The recipient spouse’s remarriage can affect spousal support and, depending on the state and the terms of the original order, may even end the obligation. Living common-law with a new partner may also affect support in some circumstances.
But remarriage by the spouse who pays support is a different situation. Getting married again, having a new spouse to support, or having additional children does not necessarily give someone the right to reduce their existing spousal support obligation. Courts may consider a significant change in the paying spouse’s financial circumstances, but simply taking on new family responsibilities generally does not mean the existing obligation automatically decreases.
Because the rules vary by state, it’s important to look at the specific circumstances and the language of the original support order before assuming that remarriage or a new family will change spousal support.
If You Need to Modify Spousal Support, Timing Matters
If your circumstances have changed, don’t wait too long to look into your options. In many places, a modification affects payments going forward from the date the request is filed. It may not change support payments that were already due before the request was made.
For example, suppose you lose your job in January but don’t ask the court to modify your support obligation until June. You could still be responsible for the original support amount during those months, even if you ultimately qualify for a reduction.
That’s one reason it can be important to act promptly after a significant change in circumstances. A Franklin County family law attorney can help you determine whether your circumstances may meet the legal standard for modifying spousal support and explain what you’ll need to do to request a change.
Can a Spousal Support Order Be Non-Modifiable?
Yes. Some spousal support orders cannot be changed.
During a divorce, spouses may agree as part of their settlement that future changes in circumstances will not affect the support terms. If that agreement is included in the final divorce decree, the court may not be able to modify the support amount later. That can be true even if one spouse experiences a significant change in circumstances.
Before trying to modify spousal support, check your original divorce decree or support order. The specific wording can make a big difference in whether modification is possible.
How Spousal Support Is Calculated Depends on Your State
There’s no single formula for calculating spousal support across the United States or Canada. Some states give judges broad discretion to consider factors such as the length of the marriage, each spouse’s income, financial needs, health, and ability to earn. Other states use statutory formulas.
Illinois, for example, generally uses a statutory method that considers both spouses’ incomes when determining an initial support amount. However, judges may still have the ability to adjust the result based on the circumstances of a particular case.
These state-by-state differences matter when you’re trying to change a spousal support order. The same change in circumstances can have very different consequences depending on where your case is being handled.
For example, a 20 percent reduction in income might be enough to support a modification in one state but produce a different result in another.
What to Know Before You Ask the Court to Modify Spousal Support
If you think your spousal support should be changed, it’s a good idea to get legal advice before filing a modification request.
Courts generally want evidence showing what has changed and why the change is significant. Depending on your situation, you may need financial records, employment documentation, medical records, or other evidence to support your request. The amount of time that has passed since the original support order may also matter.
Ultimately, spousal support can often be modified when there has been a significant and unexpected change in circumstances, but the exact requirements depend on state law and the language of your existing order.
Before assuming that your situation qualifies, review your support order and the laws in your state. A family law attorney can help you understand whether you have a basis for requesting a modification and what steps you’ll need to take.
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