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Can you modify an alimony order?

On Behalf of | Apr 16, 2024 | Family Law

Alimony is an important part of many Virginia divorces. It can also be a topic for dispute among the parties. One person might think they warrant a certain amount for a specific amount of time while the other disagrees on both counts. In some instances, the prospective paying party could claim they should not be ordered to pay anything at all.

Even after the order is made, it does not necessarily mean the case is over. In some instances, a person might want to change the amount, the duration or both. When considering this, there are legal requirements you must know to move forward just as there are with every aspect of a divorce.

Know the facts about changing an alimony order

When you are thinking about requesting an alimony modification, you should know that the court can raise the amount, lower it or end it entirely. One reason why this might happen is if the person who is receiving the payments is living with another person without getting married.

Cohabitation for another person in a relationship that approximates a marriage for a minimum of one year would be sufficient cause to end the alimony payments. In some instances, this can be avoided if doing so would be considered unfair to the receiving party.

Regarding duration, that too can be changed. If you have had a material change in circumstances whether you are paying or receiving, then the change can be made. This must have been an issue that was not reasonably anticipated.

There can also be an event that the court thought might occur while the alimony was being paid but did not. If it was a major factor in the award and it happened through no fault of the person asking for the modification, then it can be adjusted.

It may be possible for you to change an alimony order

Regardless of the reason, people who want to change their alimony order can try to do so. It is imperative to have a firm grounding in the law to proceed. It can be beneficial financially to take that step and in many instances, it is necessary. For these and other issues related to a family law case, preparation and knowing the steps is vital.