Can alimony be modified?

In North Carolina, alimony can be modified, meaning that either the amount or duration of payment may be changed. The court can modify an existing alimony order if there is a “substantial change of circumstances” since the original order was issued. This can include financial changes, such as the loss or increase of either the paying or receiving spouse’s income, and personal changes, such as remarriage or a relocation. In North Carolina, modifications to alimony orders are based on a “need” and “ability to pay” standard. This means that if one spouse can prove a substantial change in circumstances that has increased or decreased the need for alimony, and/or the ability of the other spouse to pay alimony, a judge may modify the existing alimony order. The court must also consider any other relevant factors in order to decide whether to grant a modification request. If either spouse wishes to modify an alimony order, they must file a petition with the court. Other forms must be submitted as well, along with proof that the situation has changed considerably since the original order. The court will then consider the evidence before making a decision. If a modification is approved, new orders will be issued and both spouses will be required to follow the new guidelines.

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Can alimony be modified?

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