Can My Alimony Order Be Changed After Divorce?

Most alimony orders can be changed after divorce if the appropriate requirements are met. You can seek an increase, decrease, suspension, or termination regardless of whether you are the recipient or payor. If you want to modify an alimony order, your attorney can advise you whether you can do so and how to prove your case.

Can Your Alimony Order Be Modified?

Under Connecticut law, an alimony order may be changed unless the underlying settlement agreement or court order precludes modification of alimony. Sometimes, parties will agree, or the court will order that alimony is nonmodifiable as to the duration and/or amount, limiting the parties’ future ability to make adjustments.

If a modification hasn’t been precluded, either party can go to court to request a change, suspension, reduction, or termination of alimony. This is permitted in case of cohabitation by the alimony recipient or where a party has experienced a substantial change of circumstances.

When Does Cohabitation Justify a Modification of Alimony?

Sometimes, a recipient of alimony may attempt to cohabitate with rather than marry a partner in order to continue to receive support. However, Connecticut General Statutes §46b-86b provides that alimony can be changed if the court determines that the party receiving alimony is living with another person “under circumstances which the court finds should result in the modification, suspension, reduction or termination of alimony.” The court must find that the cohabitation changes the financial needs of the alimony recipient.

What Constitutes a Substantial Change in Circumstances?

Where cohabitation is not the basis for seeking modification, Connecticut law requires the filing party to prove that either or both parties have experienced a substantial change in circumstances since the date of the last alimony order. This is a fact-specific determination.

Common examples of a substantial change in circumstances include:

• Change in income. For example, the payor spouse’s income was involuntarily reduced or the payor became unemployed, or the recipient spouse received a significant increase in income.
• Change in health. Poor health of either spouse may have resulted in increased expenses justifying a modification of support.
• Retirement. If a party is no longer working and earning income, modification may be allowed.

How Can You Seek Modification?

If you want to change your alimony order, contact an experienced attorney. Our firm has settled and litigated countless cases involving modification of alimony. We can help you develop a strong case, negotiate a resolution, or advocate for you in court. Call us today.