Is alimony modifiable after the divorce is finalized?
In North Dakota, alimony may be modified after the divorce is finalized. Generally, alimony is modifiable when there is a substantial change in circumstances since the original divorce decree. These circumstances may include an increase or decrease in salary, a job loss, an illness, or a disability. After a petition for modification is filed, the court will analyze the change of circumstances and will decide if alimony should be modified. If the court determines that a substantial change in circumstances has occurred, it may modify the alimony agreement accordingly. The court may do this by changing the amount of alimony, the payment schedule, or the duration of alimony. The court may also agree with a request to terminate alimony payments if the paying spouse demonstrates that they no longer have the ability to pay alimony or if the receiving spouse has remarried or entered a new long-term relationship. It is important to note that alimony may not be modified retroactively, meaning that a court cannot order a spouse to pay back alimony payments that have been already been paid. If you and your ex-spouse would like to modify the alimony agreement, it is best to consult with an attorney who specializes in family and divorce law. An attorney can help to ensure that your rights are protected and that the court considers all relevant information in its decision to modify alimony.
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