When can an alimony agreement be terminated?

An alimony agreement in New York, or a spousal maintenance agreement as it is referred to in the state, is an arrangement negotiated between a divorcing couple in which one spouse is obligated to provide financial support to the other. This agreement can be terminated when certain conditions are met as outlined in New York State law. If the spouse receiving alimony remarries then the agreement will automatically terminate, regardless of the length of time it was initially negotiated for. Similarly, if the payee spouse dies then the agreement also terminates automatically. The paying spouse can also decide to terminate the agreement if they are experiencing financial difficulty, although they will need to provide proof such as court documents or bank statements in order to do so. Lastly, either spouse can provide evidence to the court that the circumstances have substantially changed and that a modification is necessary – this includes issues such as job loss, disability, or other changes in income or ability to pay. The court will review the circumstances and determine if the alimony can be adjusted or terminated. If the other spouse objects to the motion, the court will need to decide if modification or termination is warranted. If the court rules against the modification or termination, the paying spouse will be required to continue paying the alimony.

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