Getting a divorce is challenging for both parties, as it is just as much a financial matter as it is emotional. As such, understanding what you can expect during these matters is critical. Whether you’ve been ordered to make alimony payments or you’re receiving them, understanding what happens if you need to change the monthly amount is critical. The following blog explores how alimony amounts are determined and how a Monroe, Louisiana alimony lawyer can assist if you need your spousal support modified.
How Is Alimony Determined?
It’s a common misconception that the lower-earning spouse will automatically be awarded payments. In reality, the spouse who wants alimony must request it during the divorce. If the spouses can work together, they may be able to determine an amount and duration for the alimony payments on their own. However, if the spouses cannot work together, the court will determine if alimony should be awarded, and if so, how much the payments should be.
Generally, the courts will consider several factors determining how much alimony is necessary. These include, but are not limited to, the following:
- The earning capacity of each spouse
- The age and health of each spouse
- How long the marriage lasted
- If fault influenced the divorce (adultery, domestic violence, child abuse, felony convictions)
What Happens if I Need My Spousal Support Modified?
Whether you are the paying or receiving spouse, circumstances may arise that require a change in spousal support. It’s imperative to understand that if you need to make a change to alimony, especially as the paying spouse, you must receive permission from the court first. Any attempt to deviate from the court order in place will result in legal trouble.
One of the most common reasons a paying spouse may want to change their support order is because of job loss. When someone becomes unemployed, making payments to their ex-spouse can make it even more challenging to make ends meet. As such, it’s important to understand that you must petition the court if you need your circumstances changed. Generally, the court will consider the reasons you lost your job. For example, if they believe you intentionally quit to avoid making payments, they likely will not alter the order. Additionally, if you violated company policy or did something illegal, the court may make you keep paying, as it is not your ex’s fault.
Additionally, if you find that your ex-spouse has gotten remarried or is cohabitating with a new partner, you can petition the court to end your spousal support payments. Again, you should not stop making payments until you have a court order allowing you permission to do so, otherwise, you could face serious legal trouble.
Unfortunately, this can be an incredibly complex process, so it’s in your best interest to connect with an experienced attorney who can help you fight for your best interest. At Breithaupt, DuBos, & Wolleson, LLC, we understand how confusing alimony matters can be. That’s why our team is ready to assist you. Connect with us today to discuss your circumstances with a member of our team.