Does the Wife Inherit the Debts If She Receives the Survivor’s Pension?

Understanding the Revision of Alimony: When and How to Request It

Alimony payments can be modified if justified reasons arise that significantly alter the economic conditions of either ex-spouse. However, forming a new family is not automatically a reason for reducing alimony.

This article explores:

• What alimony revision is and when it can be requested
• The legal grounds for modifying or eliminating alimony
• How the court evaluates economic changes

What Is the Revision of the Divorce Allowance?

The revision of alimony is a legal procedure that allows for:

• The modification of the amount of alimony
• The elimination of the obligation to pay alimony

This process must take place in court and requires demonstrating that significant economic changes have occurred since the divorce ruling.

When Can an Ex-Spouse Request a Review?

A request for revision can be made only after the divorce decree and must be based on new facts that alter the economic balance between the ex-spouses.

The requesting party must provide evidence that:

• Their financial circumstances have significantly changed
• The previous alimony arrangement is now unfair or disproportionate

Justified Reasons for Alimony Revision

For the Paying Party (Obligated Ex-Spouse)

• Significant increase or decrease in income
• Loss of job
• Serious illness preventing work
• Formation of a new family with additional financial obligations
• 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)
• Finding employment after previously being unemployed

Does Forming a New Family Automatically Reduce Alimony?

No, according to legal precedent, forming a new family does not automatically result in a reduction of 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 factor, the judge must assess the overall financial situation before making a decision.

How to Request a Review of the Divorce Settlement

• A unilateral reduction in alimony is not allowed
• The request must be filed in court with the assistance of a lawyer
• The petition must include documentation proving the new financial situation

What Happens If the Ex-Spouse Opposes the Revision?

• If the ex-spouse disagrees, a trial takes place
• The judge reviews the evidence presented by both parties
• The judge may:
  ○ Accept the request and modify the alimony
  ○ Reject the request, keeping the original alimony amount
  ○ Eliminate the alimony obligation entirely

Practical Example

A man paying alimony loses his job and faces financial difficulties. He submits a request for alimony revision, providing documents proving his loss of income.

Possible court outcomes:

• 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 appeal within 30 days of its notification
• The judge can only adjust alimony based on new financial circumstances

Key Takeaways & Legal Considerations

• Alimony can be modified if significant financial changes occur
• New families do not automatically justify a reduction in payments
• A court order is required to change alimony terms
• Both parties can present evidence in case of a dispute

If you need an alimony revision, it is advisable to consult a lawyer and file a well-documented petition in court.

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.