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 assess 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.

For more information, schedule a consultation or call 703.279.5140.



What's the difference between spousal support, alimony and separate maintenance?

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.

For how long will I receive spousal support?

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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