Alimony, or spousal maintenance as it is called in New York, may be a part of your divorce settlement. However, your financial situation at the time you divorce is not likely to stay the same.
There might come a time when you need to change the amount of your spousal maintenance, whether you are the payor or receiver of the support. The amount of spousal maintenance ordered at the time of your divorce could no longer work for various reasons, including a job change, health issues or major events that impact the nation’s economy.
Petitioning for modification
New York law allows you to petition a court to modify spousal maintenance. This does not necessarily mean a court will approve the modification. The individual requesting the modification must prove that it is financially required.
You can petition to modify spousal maintenance regardless of whether the current amount was ordered by a court or agreed upon between you and your spouse.
If your circumstances have not changed, you can still petition a court for modification, but you must wait three years.
Therefore, you should carefully examine the reasons you want the modification and determine your chances of a court granting a modification outside of the three-year time limit. You might save time and money by waiting out the three years.
Potential exceptions to the three-year waiting period
Some common examples of situations that could justify a modification outside of the three-year window include a job loss, major reduction in income or a serious illness.
A former spouse remarrying or living with someone might also warrant a spousal maintenance modification, especially if it is shown that the new spouse or partner has significant financial resources.
Likewise, evidence that a former spouse receiving spousal maintenance is now financially stable and does not need the spousal maintenance could result in a reduction in spousal support amount or termination of the spousal maintenance obligation altogether.