New York Alimony Modification Lawyer

Making a Change to Your Spousal Support Agreement

At Eiges & Orgel, PLLC, we know how to effectively handle cases related to pursuing spousal maintenance, also referred to as spousal support or alimony, in addition to helping individuals seek a change or modification in their spousal support agreement. Modifying an alimony agreement is often a complex measure, as it usually involves a modification of alimony lawyer to prove that a person is in financial need or possibly that they are no longer in need of these payments.

Some of most common reasons to request an alimony modification include:

• The paying spouse has lost their job
• The paying spouse has experienced a pay cut
• The paying spouse has experienced a sudden illness
• The receiving spouse is cohabitating with a new partner
• The receiving spouse has become self-supporting
• The receiving spouse has gotten remarried

When Can an Alimony Agreement Be Modified in New York?

In the state of New York, alimony payments can only be modified when 1) a substantial change in circumstances has taken place, 2) at least three years have passed since the spousal support order was entered or last modified, or 3) there has been at least a 15% change in either spouse’s income. However, modifications are not automatic. The spouse seeking a modification would still need to petition the court requesting an official change to their alimony agreement.

Impact of Cohabitation and Remarriage on Alimony

In most cases, alimony payments will be terminated if the receiving spouse gets remarried. The only exception to this rule is if the divorce order requires alimony to continue after remarriage. If no such provision is included, however, alimony will automatically terminate. Similarly, true cohabitation—meaning that two partners are now living together and acting as married couples do, rather than occasionally spending the night—can also spell the end of alimony payments.