If you’re considering seeking a modification to your alimony arrangement, it’s crucial to work with an experienced family law attorney who can guide you through the process and advocate for your interests.
Alimony, also known as spousal support, is often awarded as part of a divorce settlement to help one spouse maintain financial stability after the marriage ends. However, life circumstances can change, and what was a fair arrangement at the time of the divorce may no longer be feasible for one or both parties. In Missouri, it is possible to modify alimony under certain conditions.
When Can Alimony Be Modified in Missouri?
In Missouri, alimony can be modified under certain circumstances:
- Substantial Change in Circumstances: The most common reason for modifying alimony is a significant change in the financial circumstances of either the paying or receiving spouse. This could include:
- Job loss or significant decrease in income
- Substantial increase in income
- Serious illness or disability
- Retirement
- Cohabitation: If the receiving spouse begins cohabiting with a new partner in a marriage-like relationship, this may be grounds for modifying or terminating alimony.
- Remarriage: In most cases, alimony automatically terminates upon the remarriage of the receiving spouse.
- Death: Alimony typically ends upon the death of either spouse unless the divorce decree specifies otherwise.
- Fraud: If it’s discovered that a spouse provided false information during the initial alimony determination, this could be grounds for modification.
How to Modify Alimony in Missouri
If you believe you have grounds to modify alimony, here are the steps you should follow:
- Consult with an Attorney: Before proceeding, it’s wise to consult with an experienced family law attorney who can evaluate your case and advise you on the best course of action.
- File a Motion to Modify: Your attorney will file a Motion to Modify with the court that issued the original alimony order. This motion should clearly state the reasons for the requested modification.
- Serve the Other Party: The other spouse must be formally notified of the motion through a process called “service.”
- Gather Evidence: You’ll need to provide evidence supporting your claim for modification. This may include financial records, employment documents, medical records, or other relevant information.
- Negotiate or Mediate: In some cases, you and your ex-spouse may be able to reach an agreement on the modification through negotiation or mediation.
- Attend a Court Hearing: If an agreement can’t be reached, a judge will hear your case and make a decision based on the evidence presented.
- Obtain a Court Order: If the judge approves the modification, a new court order will be issued reflecting the changes to the alimony arrangement.
Important Considerations Regarding Alimony Modification
- Temporary vs. Permanent Modifications: Depending on the circumstances, a modification may be temporary or permanent.
- Retroactive Modifications: Generally, modifications only apply going forward from the date of filing the motion, not retroactively.
- Burden of Proof: The spouse requesting the modification bears the burden of proving that a substantial change in circumstances has occurred.
How The Betz Law Firm Can Help!
Modifying alimony in Missouri can be complex, requiring a thorough understanding of state laws and procedures. If you’re considering seeking a modification to your alimony arrangement, it’s crucial to work with an experienced family law attorney who can guide you through the process and advocate for your interests.
At The Betz Law Firm, our experienced attorneys are well-versed in Missouri alimony laws and can provide the expert guidance you need. Whether you’re seeking to modify an existing alimony order or defending against a modification request, we’re here to help protect your rights and ensure the best possible outcome for your case.
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