During a divorce, a spouse may be required to pay alimony. Here’s everything you need to know about reducing spousal support payments.

When a couple is getting divorced, a spouse can pay alimony, or spousal support, to their partner. If a spouse is unhappy with the alimony they must pay, they may reduce or end their alimony if they can prove a change of their financial situation.

What is spousal support?

Spousal support, also known as alimony, is a legal obligation a court imposes on one spouse to financially support the other spouse after marital separation.

When determining spousal support, family courts look at the following factors:

  • The financial need of one of the spouses for financial support
  • The ability of the other spouse to pay for financial support
  • Length of the marriage

During a divorce, a spouse can add a provision to their divorce settlement establishing how spousal support can be modified. If a judge assigns alimony to one party during a divorce, the judge also establishes conditions under which the spousal support payments can be modified.

Related: Alimony vs. Spousal Support in California: The Difference

How to reduce alimony payments after divorce

If a spouse wants to reduce their alimony expenses, they can reach out to the payee spouse (alimony recipient) to try and reach an agreement. If the payee spouse is unwilling to change the alimony amount, the resident spouse can ask a judge to modify the amount of spousal support that must be paid.

Alimony modifications will depend on state law. However, most courts allow alimony modifications if the resident spouse can prove a significant change in their income.

If the courts deny any modification to alimony payments, a resident spouse can ask for a temporary modification during a period of changed circumstances. With a temporary modification to spousal support, a resident spouse can get their support obligation reduced or postponed for an appropriate amount of time. The time a resident spouse receives depends on their situation.

After a divorce, a spouse required to pay spousal support may be able to reduce or end their alimony if they can prove:

  • Loss of a job
  • Decrease in income
  • Payee spouse has returned to school
  • Payee spouse is making more money
  • Payee spouse receiving alimony has received an inheritance
  • Payee spouse is remarried
  • Payee spouses living expenses has decreased
  • Retirement
  • Disability
  • Change in tax laws
  • Incarceration

If a resident spouse wants to reduce or end their alimony, they may also consult with a local family law attorney for help.

Related: How Long Does Alimony Last in California

How to change spousal support due to COVID-19

Due to the COVID-19 pandemic, many people are required to stay home. As a result, millions of Americans have lost their jobs and filed for unemployment.

If a resident spouse has been financially affected by COVID-19 restrictions, they may qualify for financial relief through local, state, and/or federal programs to help pay spousal support.

If a spouse cannot pay alimony and their ex does not agree to a temporary postponement or alimony reduction, the resident spouse can ask the court for help.

FAQs About Reducing Spousal Support Payments

Do the rules of spousal support apply equally to men and women?

Yes, spousal support laws do not discriminate between men and women. The court determines which spouse pays the other spousal support based on financial factors, not gender.

Do children affect spousal support?

Child support almost always affects alimony. Since child support is included in income, it may reduce or increase alimony to be paid by a resident spouse.

How does the length of a marriage affect spousal support?

The importance of the length of marriage in determining alimony payments varies by state. State courts may assign temporary or indefinite alimony depending on how long a couple has been married at the time of their divorce.

Related: Can You Change Alimony After a Divorce in California?

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If you or a loved one would like to know more about how to reduce spousal support payments, get your free consultation with one of our divorce attorneys today!