Revision of Alimony: When and How to Request It

Understanding the Conditions for Alimony Modification

Alimony payments can be revised if justified reasons arise that significantly change the financial situation of either ex-spouse. However, forming a new family is not automatically a reason for reducing alimony.

This article explores:

• When and how to request a revision of alimony
• The legal grounds for modifying or eliminating alimony
• How courts evaluate financial changes

What Is the Revision of the Divorce Allowance?

The revision of alimony is a court procedure similar to separation and divorce proceedings. It allows for:

• Modifying the amount of alimony
• Eliminating the obligation to pay alimony

A revision request must be supported by evidence of significant financial changes affecting either party.

When Can an Ex-Spouse Request a Review?

A request for revision can be made only after the divorce decree when new facts arise that significantly alter the financial balance between the ex-spouses.

The requesting party must prove that:

• Their financial situation has changed substantially
• The existing alimony arrangement has become unfair or disproportionate

Justified Reasons for Alimony Revision

For the Paying Party (Obligated Ex-Spouse)

• Significant increase or decrease in income
• Loss of employment
• Serious illness preventing work
• Formation of a new family with additional financial responsibilities
• Birth of a new child
• Purchase of a house

For the Receiving Party (Beneficiary Ex-Spouse)

• Receiving an inheritance
• Increase in working hours (e.g., part-time to full-time)
• Securing employment after being unemployed

Does Forming a New Family Automatically Reduce Alimony?

No, according to legal precedent, forming a new family does not automatically justify a reduction in alimony.

The court evaluates:

• The financial obligations of the new family
• The economic conditions of both ex-spouses

While a new family can be a contributing factor, the judge must review the overall financial situation before making a decision.

How to Request a Review of the Divorce Settlement

• Alimony cannot be unilaterally reduced; a court ruling is required
• The request must be filed in court with legal representation
• The petition must provide supporting evidence of the financial change

What Happens If the Ex-Spouse Opposes the Revision

• If the ex-spouse disagrees, a legal dispute follows
• The judge reviews the arguments and evidence from both sides
• Possible outcomes include:
  ○ Approving the request and modifying the alimony
  ○ Denying the request, maintaining the original alimony amount
  ○ Eliminating the alimony obligation entirely

Practical Example

A man paying alimony loses his job and experiences financial hardship. He submits a request for alimony revision, providing documentation of his loss of income.

Potential court decisions:

• The judge reduces the alimony amount
• The judge temporarily suspends alimony payments

What the Judge Cannot Do in an Alimony Review Case

• The court cannot re-evaluate the original financial conditions from the divorce case
• If a party disagrees with the original divorce ruling, they must file an appeal within 30 days of notification
• The judge can only adjust alimony based on new financial circumstances

Key Takeaways

• Alimony can be modified if there are significant financial changes
• A new family does not automatically justify reducing alimony payments
• Court approval is required for any alimony modifications
• Both parties can present evidence if a dispute arises

If you need an alimony revision, consulting a lawyer and filing a properly documented petition in court is recommended.

VGS Family Lawyers is a law firm that specializes in family law matters such as inheritance, separation and divorce, child custody, and more.
In case you need assistance, please write to: info@vgslawyers.com.