Is it Possible to Modify Existing Alimony Agreements?

Many states have revamped their alimony laws in family law legal matters. Alimony is traditionally the payment that one ex-spouse pays the other for financial support following a legal separation or divorce. Indiana no longer has alimony. Instead, family law courts in Indiana award spousal maintenance in some cases. The change was made to place strict limitations on the power of family law courts to order maintenance without both spouses’ consent. Because of that, spousal maintenance (still sometimes referred to as alimony) is uncommon in Indiana.

However, a special maintenance arrangement may be allowed if you and your ex-spouse agreed to terms for an alimony arrangement, which may have been part of a prenuptial or postnuptial agreement. Suppose there has been a significant change in circumstances for either spouse after the arrangement went into effect. In that case, there may be cause for a family law judge to consider modifying existing alimony orders.

The first essential step in any modification for a spousal support request is to determine whether your changes in circumstances are significant enough to warrant reconsideration by a family law judge. In most cases, a family law court will consider job loss a substantial change in circumstances. However, short-term unemployment may not be considered significant enough, especially when it appears voluntary.

If you want to modify a spousal maintenance arrangement, please get in touch with our family law firm to discuss your case in more detail.

How is Alimony Affected When One Ex-Spouse Loses Their Job?

If you or your ex-spouse have lost your job, it’s essential to understand that spousal maintenance obligations do not automatically stop. To terminate or reduce alimony payments, you must legally modify your court order by filing with a family law court.

When job loss occurs for either the paying spouse or the recipient spouse, what happens next is determined on a case-by-case basis. In most family law cases, changes in financial needs and monthly income could lead to adjustments in alimony payments.

A family law judge will need proof that the loss of employment was not due to selfish reasons like trying to get out of alimony obligations. When deciding whether to grant the spousal maintenance modification, a court will consider whether the income was lost or reduced, whether the paying spouse can find a new job, whether there have been reasonable faith efforts to find new employment, whether the other ex-spouse’s financial situation has changed, and if there are any other factors relevant to the case.

Can a New Job Impact Spousal Maintenance?

A new job can impact alimony arrangements. Alimony agreements are based on the recipient’s need for financial support and the paying spouse’s ability to provide that support. A new job or place of employment can impact your ability to provide or require financial support.

For payers seeking alimony adjustments, it is necessary to keep detailed records of any changes in income, which may include new job contracts, termination letters, and pay stubs.

For the recipients of alimony, you must carefully review the changes in financial situations for either spouse to ensure that any claims for modifications are legitimate and substantial enough to proceed.

What if One Ex-Spouse Experiences a Dramatic Increase in Income?

When there is a change in financial needs, such as the recipient spouse getting a promotion and no longer needing the full extent of the previously agreed upon financial support, the courts will consider the financial needs of both parties to determine whether an alimony adjustment is necessary.

Suppose the paying spouse receives a dramatic increase in income. In that case, they may potentially be ordered to provide additional financial support to the ex-spouse if the economic need for that support is deemed necessary.

Spousal maintenance will also terminate if the recipient spouse remarries or enters a domestic relationship with a romantic partner.

What Factors Are Considered for Alimony Modifications?

The following factors may be considered by a family law court when determining whether to alter existing alimony arrangements:

  • Proof of termination from my place of employment
  • Copies of job applications or job interviews to prove a good faith effort for new employment
  • Unemployment benefits documentation
  • A detailed rundown of monthly expenses
  • Receipts from job placement services and career counseling
  • Correspondence with prospective employers
  • Proof of enrollment in job training courses
  • Documentation of your current income or unemployment status
  • Proof of income at the time of the original order and present
  • Changes in marital status or financial needs

Please contact our Indianapolis, IN, law firm to schedule a consultation with our legal team to discuss your alimony case today. Our legal team has extensive experience representing clients in various family law matters, including those seeking modifications to spousal maintenance, child support, and more.

How to Deal with Temporary Unemployment and an Alimony Arrangement?

Some family law courts may choose not to modify a spousal maintenance agreement if unemployment is temporary. If the family law court believes that the paying spouse will soon be able to return to work with a similar income, they may decide that modifications are unnecessary.

If you are temporarily unemployed due to circumstances beyond your control and you have made good-faith efforts to acquire new employment, it may be easier to make a case for an alimony modification. However, changes may be more difficult if a family law judge believes that your job loss was your fault or that your continued unemployment is voluntary.

In temporary unemployment situations, additional evidence may be necessary to prove your case. These include potentially showing correspondence with prospective new employers, proof of enrollment in job training courses, records of networking events or industry conferences, and receipts for job placement services.

Is it Important to Communicate Your Job Loss and Financial Struggles with Your Ex?

It is highly recommended that you maintain an open line of communication with your ex-spouse during your struggles with employment and how it relates to your ability to provide spousal support. Open dialogue may also help alleviate some of the stress associated with the situation and could lead to quicker resolutions.

It’s also essential to update the courts on any significant changes to your employment or income. Once you find a new job, it is your responsibility to promptly inform the court and your ex-spouse, especially if the new job comes with significant changes in income.

Information about your new job can help you reassess the financial need for spousal maintenance and demonstrate your ability and commitment to responsibly provide financial support.

Contact Our Indiana Law Firm to Discuss Your Alimony Case Today

Our Indianapolis family law attorneys have years of experience representing clients in various legal matters, including fathers and men who have suffered changes in circumstances that may lead them to seek alimony modifications.

To discuss your case in more detail, please contact our law firm to schedule your initial consultation with our legal team today. In your consultation, we can help explain your legal options for proceeding with modification requests following a job loss or changes in financial circumstances.

You may reach us at 317-785-1832.