Can spousal support be modified?
In Virginia, spousal support, also known as alimony, can be modified. A modification requires a court order, meaning that either the person receiving alimony or the person making payments must prove a change in circumstances since the initial agreement or court order. The court may decide to modify the existing agreement or order if either party can demonstrate a change in financial need or the ability to pay. Common examples of a change in circumstances include an increase or decrease in either party’s income, a decrease or increase in expenses, or an illness or disability. When one party wants to have the alimony payments modified, the best way to do so is to file a request in the Circuit Court in the jurisdiction where the original agreement was made. Any modifications must be agreed to by both parties or ordered by the court. In addition, either party can also petition the court to end spousal support earlier than the duration specified in the original agreement. The court will consider various factors before granting the request, including the length of the marriage, the financial resources of both parties, and the reason for the request. The court may also look into whether either spouse is cohabiting with another partner to determine if alimony should be reduced or terminated altogether.
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