POST DIVORCE ALIMONY

When the court orders alimony, whether it can be modified or terminated depends upon the type of alimony awarded and any other terms that the court gives.

The possibilities are endless. A change in circumstances might include increased or decreased ability to pay. For example, if the spouse has an illness that prevents them from working. Once the court finds a change in circumstance, they can reconsider the supported spouse’s need and ability to pay.

For solido and transitional alimony, the payor can stop paying as soon as the length of the term ends. For rehabilitative alimony or alimony in futuro, the paying spouse can seek to reduce or terminate the obligation to paying alimony after showing a change in circumstances. If it is transitional alimony or alimony in futuro, and the payee is living with a third person, then the payor can file an action seeking to modify or terminate the obligation based upon the rebuttable presumption that the recipient is either giving or receiving support from the third person.

The only types of alimony that can be modified are futuro and rehabilitative alimony. Living with a third person can result in either a reduction or termination of the transitional alimony and alimony in futuro. Other than that, transitional alimony cannot be modified. Lastly, alimony in solido cannot be modified even if the person receiving alimony is living with a third party.

Yes, but it depends upon the type of alimony awarded and whether there are any special circumstances described in the court order.

Yes.

It just depends. It is ultimately up to the judge and what type of alimony is being awarded.

Yes.