As you can imagine, finances are one of the leading causes of divorces within a marriage, as many may disagree over how to spend money. In turn, you may find that alimony is often one of the most contentious aspects of a divorce, as the paying spouse may feel the recipient is getting too much, while the recipient may feel as though the amount is not enough. Regardless, over the course of the years following your divorce, you may find that, regardless of whether you pay or receive, you may need to change the details of your spousal support order. If this represents your circumstances, the following blog explores what you must know about your options and why you should connect with St. Louis alimony lawyers to assist you through these complicated matters.

How Is Spousal Support Determined by the Court?

First and foremost, it is critical to understand that spousal support is something that must be sought by the party who wishes to receive it. The court does not automatically award alimony to the lower-earning spouse, and, even if alimony is requested, the court examines a number of factors to determine whether or not it is necessary to grant alimony to the requesting party. As such, the following are circumstances the court will consider before issuing a decision on the matter:

  • The income of each party
  • The earning capacity of each party
  • The length of the marriage
  • The standard of living established during the marriage
  • Whether or not a child is involved, and if so, the child support payments
  • If one spouse gave up their career to support the other
  • If one spouse exited the workforce, how much education and training would be necessary to regain employment
  • The current state of the job market
  • The tax implications for either party

You should note that these factors will not only impact whether or not alimony is awarded to the requesting party, but also the amount each payment will be and how long the payments will last.

Under What Circumstances Can I Seek a Modification?

Like most court orders, getting alimony altered is no easy feat. In fact, you’ll find that this is only possible under certain circumstances. This helps prevent those who simply don’t like the arrangement from creating a prolonged and expensive legal battle for the other party.

As such, to change your alimony arrangement, you’ll need to demonstrate that you’ve experienced a significant change in circumstances. Generally, this describes the following situations:

  • Job loss or reduction in pay
  • Promotion or increase in income
  • Cohabitation with another partner
  • Chronic illness or injury

You should note that if you lose your job and can no longer pay alimony, the court will examine the circumstances of your unemployment. Typically, if you are fired because you violated company policy, the court may not grant the alteration. This is because they do not feel your spouse should be punished because of your actions. If you are terminated from your position due to budget cuts, for example, you may be able to seek a reduction or termination of alimony, so long as you can show you’ve made an earnest effort to find new employment.

As you can see, altering alimony is an incredibly difficult task. That is why working with the team at Stobie Family Law Group is in your best interest. Our firm understands how difficult these matters can be, which is why we will do everything in our power to help you. Contact us today to learn more.