Can I Have Alimony Reduced During A Financial Crisis?

During a time of financial crisis or extreme hardship, you might find it very difficult to pay alimony. Under these circumstances, you may be able to have your alimony adjusted in light of your new financial situation. 

Reducing Alimony

If you have a substantial decrease in your income, this can be used as an excuse to have alimony reduced or eliminated. For example, if you have experienced job loss as a result of quarantine orders, this may be used as justification to have your alimony reduced.

Filing a Petition

To have your alimony reduced, file a petition asking for a reduction in alimony and list the reasons why you cannot meet your obligations. The courts will typically deny a petition to reduce alimony if you are refusing to work or have created the conditions that have now lead to you being unable to work. Therefore, you must prove that you are filing the petition in good faith.

Delivering a Copy of the Motion

In extreme cases, you may not only have your alimony reduced, but it may even be suspended. When filing the motion, you will need to have a copy of the motion delivered to your ex-spouse. Before making a determination, the courts will need to review the financial information of both yourself and the beneficiary of the alimony agreement.

If neither spouse objects to the motion, you may be able to have alimony reduced solely based on the motion. For this reason, it's a good idea to contact your ex-spouse and explain your situation. Doing so might lead to you and your spouse reach an agreement that can allow you to avoid further hearings.

The alimony you must pay is typically adjusted based on the annual cost of living when you have a Cost of Living adjustment clause. Including this in the agreement will make it much easier to have alimony reduced if necessary.

Adjusting Alimony When Disabled

Even if you are able to continue working, if you become disabled, you may be able to have the alimony that you must pay reduced. Being disabled makes it more difficult to earn money to pay bills and can lead to higher expenses. You do not have to sell assets that you received in a divorce settlement to make payments. Because reducing alimony can be an emergency situation, you'll want to consult with a family lawyer to help guide you through the process.

To learn more about alimony, contact a family law attorney in your area.