Can an alimony award be modified if the recipient's income increases?
Yes, in Virginia an alimony award can be modified if the recipient’s income increases. Virginia law recognizes that both the financial circumstances of the wife and husband involved in a divorce may change over time. When either party experiences a substantial change in their income, their alimony award can be modified. The court has the discretion to modify an alimony award in order to take into consideration any substantial change in either party’s financial circumstances. To modify the alimony award, the party seeking modification must file a motion with the court and provide evidence of the change in financial circumstances. The court will then consider the facts of the case in order to determine whether or not a substantial change of circumstances has occurred and if the modification is the best course of action. Factors such as the parties’ incomes, ages, health, and financial needs will be taken into consideration when making the decision. Ultimately, it is up to the court to decide how much of a change is enough to warrant a modification of the alimony award. If the court determines that a modification is reasonable, an adjustment will be made to the alimony award to account for the new financial circumstances.
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