| Spousal
Support Modification
If you and your spouse enter into an agreement regarding spousal support,
that agreement will control. It is not unusual for an agreement to state
that the court cannot modify spousal support under any circumstances.
If that is the case, the court cannot provide relief, even if your circumstances
change.
If the court awards you and/or spouse a reservation
of right to spousal support, this leaves the door open to return to court and ask the court to make an award based on your current
needs. Reservations are usually for a finite period of time.
If a court order or agreement leaves open the issue of
spousal support modification, you may ask the court for relief after the
final decree is entered. The court will access the case based on the needs
of the requesting spouse and the ability of the other spouse to pay at
the time the request is made.
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This Service |
| Spousal Support
Modification FAQ |
| Question: |
What's the difference between spousal support, alimony and separate maintenance? |
| Answer: |
There isn't any, they all mean an amount payable from one spouse to the other so that the spouse in need can afford to live. |
| Question: |
How long does Pendente Lite support last? |
| Answer: |
Usually until the final decree of divorce is entered. |
| Question: |
For how long will I receive alimony? |
| Answer: |
That is determined by the length of the marriage, your ability to financially meet your own needs and the ability of the opposing party to pay along with a host of other factors. If the court decides you should only need support for a limited amount of time, that is called Rehabilitative Spousal Support. If you are awarded support until death, remarriage or cohabitation, that is considered permanent support. |
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