Alimony Modification
Is it possible to get a modification in your divorce of the amount of Alimony? Yes, it is possible and must be done through a petition to modify your divorce decree. There are a lot of reasons to try to modify your divorce decree as it applies to alimony. Some common reasons include; changed financial conditions, cohabitation, remarriage, and changed financial conditions of your ex-spouse that make it so the need for alimony no longer exists.
In a recent case in the Utah Court of Appeals concerning alimony. In that case the court found that the property settlement in the divorce decree was really alimony.
“On the merits, the trial court concluded that the property settlement “was in actuality an agreement to pay $3,000 per month for ten years with part of that amount designated as statutory child support as long as it was owed, and the balance to serve as support for the wife . . . as alimony.” The court reasoned that Wife “made no case, either legally or factually, in support of a claim that the payments (except the child support portion) were anything other than a form of spousal support.” It also explained that “there was in fact virtually no property underlying the property settlement agreement, and [that Husband] received nothing of value in return for his promise to pay close to $300,000 over ten years.” Ultimately, the trial court concluded that the payment was alimony, despite the Decree’s attempt to characterize it as a property settlement.” Cox v. Cox, 2012 UT App 225.
Therefore, even if your divorce decree stated that you were to pay a certain amount or even a monthly amount it can still be considered alimony under the law. If it is alimony under the law then it can be modified. We live in bad economic conditions that hurt everyone. If you have a divorce decree, and the alimony in the divorce decree as ordered is hard to come up with you may be entitled to a modification of your divorce decree. Call today for a free consultation at (801) 475-0123. We have Salt Lake City Divorce Lawyers that can meet and help you with your divorce case. Give us a call today.
