Can alimony be modified?

In Delaware, alimony awards may be modified or terminated upon a change of circumstances or expiration of an alimony term. A modification may be necessary if either spouse experiences a significant change in income or a new job requiring relocation. It is important for individuals to be aware of their rights and responsibilities with respect to alimony modification. If either spouse desires to modify alimony, a court must consider the following factors: (1) a change in either spouse’s financial circumstances; (2) a change in the needs of either spouse, including the needs for medical coverage; (3) the financial resources of either spouse; (4) the payment of educational expenses by either spouse; and (5) any other change affecting the parties’ incomes and necessities. If both spouses agree on modifications to the alimony award, they can submit a written agreement to the court for approval. However, if one spouse objects to the proposed modifications, the requesting spouse must then complete an application for modification and file it with the court. The court will then decide on the matter and enter an appropriate order. It is important to note that alimony will automatically terminate upon the death of either spouse, the remarriage of the receiving party, or the awarding spouse being declared mentally or physically incapacitated. Once alimony is modified or terminated, the receiving spouse is obligated to notify the court in writing. Ultimately, alimony modifications are subject to the court’s discretion, so it is important to seek counsel if changes to an alimony award are desired.

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Can alimony be modified?

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