Is there a time limit for requesting an alimony modification?

In Virginia, there is a time limit for requesting an alimony modification. This is primarily because alimony is intended to be temporary and supportive, not a permanent arrangement. Virginia law defines alimony as “an allowance out of one spouse’s estate, made for the maintenance and support of the other spouse,” and “shall terminate upon the death of either party or the remarriage of the party receiving alimony." According to the Virginia Code §20-109, a petition for modification should usually be filed within two years of the entry of a final decree of divorce or within two years of the entry of any order modifying the alimony award. No petition may be filed more than five years after entry of the final decree or any order modifying the award. Generally, the two-year limitation period applies to all types of changes, such as increases, decreases, and terminations. However, modifications that are based on a “material change” of circumstances can be requested at any time. This includes changes in income, health, or other life changes that affect one’s ability to pay or receive alimony. Overall, the time limit for requesting an alimony modification in Virginia is two years from the entry of a final decree of divorce. This time limit can be extended in certain circumstances, typically when there is a material change of circumstances. It is important to consult with an experienced family lawyer to understand your rights and options for modifying an alimony award in the state of Virginia.

Related FAQs

Are there rules for ending alimony payments?
Can a court award alimony to both spouses in a divorce?
Is alimony calculated differently if the parties were married for a short period?
What documents are required to prove alimony payments?
Is alimony reduced if the payor earns less than the recipient?
Are alimony payments considered marital assets?
Is alimony enacted differently in each state?
Does liability for alimony continue after the death of the payor?
Are alimony payments deductible for both spouses in some states?
Are alimony payments considered part of the marital estate?

Is there a time limit for requesting an alimony modification?

Related FAQs

Related Blog Posts