Obtaining an Alimony Modification in Missouri

Alimony can be essential to ensure a spouse has the financial support they need after divorce. However, a court order awarding alimony isn’t always set in stone. There are certain circumstances under which either party can request that the court modify alimony. Whether you are the spouse receiving alimony or the spouse making payments, it’s important to understand when a judge would consider changing an alimony order that is in place.

What is Alimony?

Alimony is payment made by the higher-earning spouse to the financially dependent spouse after divorce. But it is not automatically granted. In order for a court to award alimony, the dependent spouse must demonstrate a need for it, and the other spouse must have the ability to pay. A court would evaluate a number of factors in determining whether an alimony award is appropriate and the amount of time it should be ordered. These include the length of the marriage, the earning potential of both spouses, the marital standard of living, and the amount of time it would take the party seeking alimony to find employment, among other factors.

When Can You Modify Alimony in Missouri?

While a spouse might initially struggle to support themselves, this financial hardship doesn’t always last. In such cases, the paying spouse might wish to decrease alimony payments or ask the court to terminate them altogether. Similarly, if the supported spouse has increased financial needs, such as from a disability, they might request an upward modification. If an alimony award does not specifically state that it is non-modifiable, it can be modified or terminated upon a showing of a substantial change in circumstances.

Some reasons a court may modify alimony can include the following:

• Involuntary job loss: If the paying spouse was laid off or terminated from their employment, a court may modify alimony payments.
• Change in income: In the event the paying spouse experienced a substantial loss of income or the recipient spouse’s income significantly increased, a modification may be warranted.
• Disability or illness: A disability or illness affecting either party may be grounds for a modification.
• Cohabitation: A court may terminate alimony payments if the recipient spouse benefited economically from cohabitation and such arrangement was a substitute for marriage.
• Retirement: The paying spouse’s retirement may constitute a substantial change in circumstances that warrants an alimony modification, depending on the facts of the case.

Under Missouri law, the party seeking the modification has the burden of proof in the case. This means they must present evidence to the court demonstrating why their request should be granted. For example, if the paying spouse is making the request to modify alimony, they must be prepared to establish that their ability to pay has been reduced, or the recipient no longer has a need for the payments. A recipient spouse requesting an upward modification must be able to demonstrate their increased need for support.

Alimony awards may specify an end date on which the obligation will terminate. Typically, alimony payments will also terminate upon the remarriage of the recipient spouse or the death of either spouse.

What Are the Steps to Modify Alimony?

To modify alimony in Missouri, the party making the request must file a motion to modify with the court. This document must demonstrate that there has been a significant change in circumstances. Once the motion has been filed, it must be served on the other party. Both parties can present evidence to support their position at a hearing scheduled by the court. Evidence can include financial statements, employment records, medical records, or other documentation, depending on the facts of the case. If the judge determines that a modification is appropriate, they will issue a new order to reflect the changes made to the alimony arrangement.

Importantly, spouses don’t need to let a judge decide the matter of alimony. They can reach an agreement outside of court regarding the issue. Mediation, negotiation, and the collaborative divorce process are alternatives to litigation that can allow spouses to find creative solutions and reach a resolution that they believe is fair. Once a settlement has been reached outside of court, the agreement can be submitted to a judge to be signed and become a binding order.

Whether the alimony arrangement has been modified through settlement or a judge determined the matter, any order issued by the court must be followed by both parties. If the paying spouse fails to follow the terms of an alimony order, they can face serious legal consequences, including sanctions, wage garnishment, tax refund interception, and contempt of court.

Contact an Experienced Missouri Alimony Attorney

If you are wondering whether you may be able to modify alimony in your case, it’s best to consult with a knowledgeable divorce and family law attorney who can best advise you. Divorce and family law attorney Mark A. Wortman offers reliable representation to clients in the greater Kansas City, Missouri area for alimony issues, divorce, and a wide range of family law matters.