Calculating Alimony When Incomes or Circumstances Change
Life changes after divorce can make an existing spousal support order difficult to maintain or inadequate for the recipient’s needs. Job loss, serious illness, retirement, or a significant change in either former spouse’s finances may support a request to modify alimony, but whether modification is available depends on the type of support awarded and the terms of the divorce decree.
At Brazil Clark, PLLC, we assist individuals whose current financial circumstances no longer align with their spousal support arrangements. We review existing orders, evaluate whether Tennessee law permits modification, gather supporting records, and prepare the necessary court filings. Located in Nashville, Tennessee, our family law attorneys serve residents throughout Rutherford County, Davidson County, and Middle Tennessee. Contact us today to schedule a consultation and discuss whether your alimony order may be modified.
Identifying a Substantial and Material Change in Circumstances
A Tennessee court generally requires proof of a substantial and material change in circumstances before modifying alimony in futuro or rehabilitative alimony. A change is substantial when it significantly affects the recipient’s need or the paying spouse’s ability to pay. It is generally considered material when it occurred after the original award and was not anticipated when the order was entered.
Not every form of alimony can be changed under the same circumstances. Alimony in solido generally cannot be modified unless the parties agree otherwise. Transitional alimony is ordinarily nonmodifiable unless the divorce decree or marital dissolution agreement provides for modification or a statutory condition applies. We begin by reviewing the original order to identify the type of support awarded and the provisions governing it.
Circumstances that may warrant further review include:
An involuntary loss of employment: A layoff or forced reduction in earnings may affect the paying spouse’s ability to meet the existing obligation.
A serious medical condition: A long-term illness or disabling injury may increase expenses, reduce earning capacity, or alter either party’s financial needs.
A substantial increase in the recipient’s income: A meaningful improvement in the recipient’s finances may affect the need for continued support, although an income increase does not automatically justify modification.
Retirement: A good-faith retirement may substantially reduce regular income and support a modification request, but retirement does not automatically end an alimony obligation.
The person requesting modification bears the burden of proving both that a substantial and material change has occurred and that the requested adjustment is warranted. We review employment records, tax returns, medical documentation, retirement information, and other financial evidence to present the court with an accurate account of what has changed.
Following the Court Process for an Alimony Modification
Changing a spousal support order requires a formal petition and court approval. You should not stop paying or reduce payments based solely on a change in circumstances or an informal agreement with your former spouse. Until the court modifies the order, its existing terms generally remain enforceable, and unpaid amounts may accumulate.
Even when former spouses agree to a different payment amount, putting the change in writing without obtaining court approval may not adequately protect either party. We prepare and file the appropriate petition, provide notice to the other party, organize supporting evidence, and represent clients during negotiations and court proceedings.
During its review, the court may consider the recipient’s current need, the paying spouse’s ability to pay, and the statutory factors relevant to alimony. A voluntary reduction in earnings may receive different treatment from an involuntary job loss or medically necessary departure from employment. Even after finding a substantial and material change, the judge retains discretion to determine whether the facts justify increasing, decreasing, terminating, extending, or otherwise modifying the award.
How Remarriage and Cohabitation May Affect Payments
Remarriage and cohabitation can affect certain Tennessee alimony obligations, but they do not produce the same result in every case. Alimony in futuro generally terminates automatically upon the recipient’s remarriage unless the parties have agreed otherwise. Other types of support may be governed by different statutory rules or by the specific language of the divorce decree.
When a recipient of alimony in futuro lives with another person, Tennessee law may create a rebuttable presumption that the recipient needs less support because either person is financially supporting the other. Cohabitation does not automatically terminate alimony, however. The recipient may rebut the presumption by demonstrating a continuing need for the existing level of support.
Evidence relevant to cohabitation may include the parties’ living arrangements, household expenses, financial contributions, and the duration and nature of the arrangement. We help clients obtain legally relevant evidence and present it without relying on assumptions about the relationship.
Because the effect of remarriage or cohabitation depends on the type of alimony and the language of the governing order, the original divorce documents should be reviewed before payments are changed, or a petition is filed.
Spousal Support Assistance From Our Family Law Attorneys
When financial circumstances change, we help clients determine whether their existing alimony arrangements can and should be modified. At Brazil Clark, PLLC, we review divorce decrees and marital dissolution agreements, evaluate financial developments, gather documentation, file modification petitions, and present the relevant evidence to the court.
From our Nashville office, we assist clients in Davidson County, Rutherford County, and communities throughout Middle Tennessee. If a change in income, health, retirement, remarriage, or cohabitation has affected your spousal support arrangement, contact our firm to discuss your options with our family law attorneys.