Alimony, or spousal support, is designed to provide financial stability after a divorce. However, financial situations or personal circumstances can change over time, rendering an original support order no longer practical or fair. If this is the case, you may be able to have your spousal support order modified. Understanding Massachusetts laws regarding the matter can help you protect your financial well-being. Read on and speak with a knowledgeable Middlesex County post-divorce modification lawyer for more information today.

How Does Spousal Support Work?

Spousal support can also be referred to as alimony and is financial assistance that one spouse pays to the other after a separation or divorce. The purpose of this obligation is to even the playing field, ensuring that neither spouse is disproportionately disadvantaged by the termination of the marriage.

Massachusetts recognizes several types of alimony, each serving a different purpose. Some are designed to help a lower-earning spouse maintain financial stability while getting an education or training to enter the workforce, some reimburse a spouse for contributions made during the marriage, and some are ongoing to support a spouse who will likely never be financially independent.

Can a Spousal Support Order Be Modified in MA?

Yes, courts can modify a spousal support order in Massachusetts, given that there has been a material change in circumstances since the original order was issued. Either the paying or receiving spouse can request to increase, decrease, suspend, or terminate payments depending on the situation.

If both you and your former spouse agree that you want to change the terms, you can file a Joint Petition. However, if only one of you wants a modification, you should file a complaint for modification of alimony with the court. You may also have to pay filing fees.

However, it is important to understand that a court will not change the terms of the order on a whim: an adjustment must be seriously warranted.

Why Would a Court Approve an Alimony Modification?

A Massachusetts court will approve a modification of an alimony order if there has been a substantial change in circumstances that warrants an alteration of the agreement. Examples of significant and lasting changes include:

  • An involuntary and major reduction in income or loss of employment
  • The development of a serious illness or disability
  • Retirement
  • Remarriage or cohabitation of the receiving spouse

The change must be substantial and long-lasting, as well as materially affect either the spouse’s ability to pay or need for support. For example, being laid off from a job and being unemployed for a few weeks before securing employment is not a material change in circumstances, as it is temporary. However, an involuntary demotion that significantly decreases income could be considered a valid reason for an adjustment.

If you have questions or concerns about your ability to modify spousal support, reach out to an experienced attorney for more information today.