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When & How to Request Spousal Maintenance Modifications in New York
In New York, spousal maintenance, commonly known as alimony, is a financial obligation that one spouse may be required to pay the other during or after a divorce. While these payments are often outlined in a divorce judgment or settlement agreement, life circumstances rarely stay the same. Income changes, job losses, illnesses, or remarriage can affect a person’s ability to pay or the recipient’s need for support. New York law provides a path for modifying spousal maintenance orders when justified.
Understanding Spousal Maintenance in New York
Spousal maintenance in New York can be either temporary or post-divorce. Temporary maintenance is paid while the divorce is ongoing, whereas post-divorce maintenance is ordered after the marriage has been legally dissolved. Post-divorce maintenance can be for a set period or, in rare cases, for a lifetime.
The purpose of maintenance is to ensure that the lower-earning or non-earning spouse can meet basic needs and adjust to life after divorce, especially if the marriage affected their career or earning potential.
When Can Spousal Maintenance Be Modified?
The party seeking a modification must demonstrate that there has been a substantial change in circumstances since the original order was entered. This legal standard applies whether you are the paying spouse, the payor, or the receiving spouse, the payee. In cases where the maintenance is based on an agreement between the spouses rather than a court decision, the agreement may set different standards for modification, such as requiring proof of extreme hardship.
Some common situations may justify a modification.
Loss of Employment
If a paying spouse loses a job through no fault of their own, they may request a reduction in maintenance.
Significant Drop in Income
A decline in income, especially when involuntary and long-lasting, can be grounds for a change.
Illness or Disability
If either party becomes ill or disabled and it affects their ability to earn or meet financial needs, a modification may be appropriate.
Retirement
A payor who retires at a reasonable age and with a legitimate drop in income may be entitled to reduce or end payments.
Remarriage or Cohabitation
Maintenance typically terminates if the recipient spouse remarries. Cohabitation that reduces the recipient’s need for support may also be considered.
Changes in the Recipient’s Income
If the receiving spouse gains significant employment or increases income substantially, this can justify reducing or terminating maintenance.
Steps to Request a Modification
If you believe your situation meets the criteria for a modification, the first step is to file a petition or motion with the court that issued the original maintenance order. There are several steps in the process.
File a Petition or Motion
File a formal motion for modification in the appropriate court. This document should clearly outline your request and the reasons for the proposed change.
Gather Supporting Documentation
You must present evidence to the court to demonstrate how your circumstances have changed. This evidence may include recent pay stubs or tax returns to show changes in income, medical records if your health has affected your ability to work, and termination or layoff notices if you have lost your job. You may also need to provide proof of retirement, such as pension documentation.
Serve the Other Party
The opposing spouse must be formally served with the motion and supporting papers, allowing them to respond and present their side.
Attend a Hearing
The court will schedule a hearing where both sides can present evidence and testimony. The judge will then determine whether the change in circumstances is significant enough to warrant a modification.
Receive a Decision
If the judge grants your motion, a new order with the updated maintenance amount or terms will be issued. If denied, the original order will remain in effect.
Important Legal Considerations
You Cannot Modify Retroactively
One important detail under New York law is that courts cannot retroactively modify maintenance. This means changes only apply when you file your motion, not when your circumstances change. Delaying the filing can accumulate unpaid support even if you cannot pay.
Voluntary Underemployment Doesn’t Count
If a person quits or takes a lower-paying job without a good reason, the court may assign income based on earning capacity rather than actual earnings. This protects against those who try to avoid their obligations intentionally.
Modification vs. Termination
The paying party may seek to terminate the obligation entirely. Termination usually happens when the recipient remarries, permanently improves their financial condition, or if the paying spouse retires or becomes disabled.
Can Spouses Agree to Modify Without Court?
Ex-spouses may agree informally to change the amount or terms of spousal maintenance, but the court must formally file and approve these agreements to be legally binding. Without a court order, the original agreement or judgment remains enforceable. This means the paying spouse could still be held in contempt or face enforcement actions, even if the recipient agreed to accept less.
Is Hiring an Attorney Necessary?
While filing a modification petition without legal assistance is possible, the process can be complicated and demanding. Judges require clear, well-documented evidence and expect all procedural rules to be strictly followed. A family law attorney can provide valuable support by drafting a persuasive petition, gathering and presenting the necessary financial documents, effectively arguing your case in court, and anticipating or countering arguments made by the opposing party.
Have Your Circumstances Changed? Law Office of Julio E. Portilla, P.C. Will Help You Modify Your Spousal Support.
Life changes and your spousal maintenance order should reflect that. Whether you’ve lost a job, retired, or your ex-spouse’s financial situation has improved, the Law Office of Julio E. Portilla, P.C. is here to help you request the modification you deserve. Contact us at 917-924-9790 to schedule a free 30-minute consultation.
