Can Alimony be Increased or Reduced? 

For matters of post-separation support and alimony that were resolved through the entry of a North Carolina court order, it is possible to have the terms modified or vacated, even after a divorce is final. Any requests for modifications are governed by NC Gen Stat § 50-16.9, and, similar to orders for child custody and support, will only be granted if you are able to show a substantial change of circumstances has occurred since the entry of the order.

What if I have an Agreement for Alimony?

When alimony is resolved through a valid written agreement, such as a separation agreement, or other contract, the agreement will generally specify what circumstances constitute a modification or termination of alimony. Therefore, if you have an agreement, it is essential that you consult with an attorney to determine if you are entitled to a modification pursuant to the terms of your agreement.

What is a “substantial change of circumstances”?

When seeking a modification of post-separation support or alimony through the court, the first obstacle is to show that there has been a substantial change in circumstances. This burden of proof falls on the party seeking a modification. However, determining what merits a “substantial change” is subjective and is left to the discretion of a Judge to decide based on the facts and circumstances of each individual case.

Generally, a substantial change in circumstances will mean the amount of support currently in place is no longer adequate for the dependent spouse, or it is unduly burdensome for the supporting spouse. However, just because there has been a change of circumstances doesn’t necessarily mean that a Judge will grant a modification. There is no requirement that a modification be granted because there has been a substantial change. Examples can include intentionally increasing expenses due to an unreasonable or unnecessary expenditure, or voluntarily taking a lesser-paying job. These changes, while substantial, could be seen as unjustified reasons to modify the terms of a support order.

What circumstances can result in a modification of alimony?

In determining if an award of spousal support should be modified the Court will look at the financial ability of the parties, the facts, and circumstances surrounding the case, as well as the parties’ accustomed standard of living. In some cases, a few hundred dollars difference on a monthly basis may be substantial, however, for other parties with high net income or estates, it may not be substantial. Everything is all relative to each individual case and the Judge’s perception of the circumstances at hand.

In addition, there are circumstances where alimony or post-separation support will be terminated as a matter of law. These situations can include the remarriage or the cohabitation of the dependent spouse, the resumption of the marital relationship or upon the death of either party.

Do I need an Attorney to modify my alimony?

Judges are provided with broad discretion in matters of alimony and post-separation support modification. The analysis for a modification of support is similar to the process that was undertaken for an initial determination and should be handled with care from a dedicated and knowledgeable attorney. When matters affecting your financial future are at stake it is critical that you consult with an experienced attorney to help you convey your evidence in a clear, concise, and credible manner.

If you are seeking a modification, or defending against one, the family law attorneys at Hopper Cummings can help. We will provide you with honest advice about the merits of your case and discuss options that are available to you to ensure your interests and rights are protected. Call us today at 919-533-4115, or complete our online form for a confidential consultation.