New York Alimony Modification Lawyer
Making a Change to Your Spousal Support Agreement
At Eiges & Orgel, PLLC, we know how to effectively handle cases related
to pursuing spousal maintenance, also referred to as
spousal support or alimony, in addition to helping individuals seek a change or modification
in their spousal support agreement. Modifying an alimony agreement is
often a complex measure, as it usually involves a New York City divorce
lawyer to prove that a person is in financial need or possibly that they
are no longer in need of these payments.
Some of most common reasons to request an alimony modification include:
- The paying spouse has lost their job
- The paying spouse has experienced a pay cut
- The paying spouse has experienced a sudden illness
- The receiving spouse is cohabitating with a new partner
- The receiving spouse has become self-supporting
- The receiving spouse has gotten remarried
When Can an Alimony Agreement Be Modified in New York?
In the state of New York, alimony payments can only be modified when 1)
a substantial change in circumstances has taken place, 2) at least three
years have passed since the spousal support order was entered or last
modified, or 3) there has been at least a 15% change in either spouse’s
income. However, modifications are not automatic. The spouse seeking a
modification would still need to petition the court requesting an official
change to their alimony agreement.
Impact of Cohabitation and Remarriage on Alimony
In most cases, alimony payments will be terminated if the receiving spouse
gets remarried. The only exception to this rule is if the divorce order
requires alimony to continue after remarriage. If no such provision is
included, however, alimony will automatically terminate. Similarly, true
cohabitation—meaning that two partners are now living together and
acting as married couples do, rather than occasionally spending the night—can
also spell the end of alimony payments.
Contact Eiges & Orgel, PLLC for Help with Your Modification
When you choose to work with our firm to modify your alimony or maintenance
agreement, you may also consider your options for
modifying child custody or
child support agreements as well. In some cases, adjustments can be made in this area to benefit
other areas of the divorce agreement and vice versa. Our law firm has
over 40 years of experience that can be extremely beneficial to your case.
We are not afraid of a fight or willing to back down in the face of adversity.
Contact a New York divorce attorney at Eiges & Orgel, PLLC right away so that we can review your case.