Ex-spouses face an up-hill battle when they attempt to modify their spousal support (alimony) award or obligation. One must show a material change in circumstances justifying a modification. Furthermore, if your alimony award or obligation is the result of a settlement agreement, spousal support cannot be modified unless the agreement contains language permitting future modification.
To illustrate how Virginia courts handle petitions for modification, here are a couple of recent decisions rendered by the Virginia Court of Appeals.
Blair v. Blair
Blair v. Blair demonstrates what the material change in circumstances standard means when it comes to modifying spousal support.
In this case, the ex-husband petitioned the court to modify the amount of alimony he was paying his ex-wife. The husband reasoned that he had retired and was no longer receiving income from employment. He also claimed that since the time of their divorce, the ex-wife’s income had increased. However, the former wife introduced …show more content…
The Court found that even though the husband was retired, he had increased resources to pay alimony compared to when the couple obtained a divorce. The Court also noted that even though the ex-wife’s income had increased, the ex-husband’s wealth had increased more than the ex-wife’s income so there was no material change in circumstances.
Harris v. Harris
Harris v. Harris shows what happens when you and your former spouse enter into a settlement agreement that does not contain a provision allowing modification.
Here, the former husband petitioned the court to modify the monthly alimony payments he was giving his ex-wife. Their settlement agreement provided for a specific amount of money to be paid monthly.
While the court found that the ex-husband could no longer afford to make the alimony payments and that the ex-wife was able to pay for her own needs, the court declined to modify because the former couple had agreed on the alimony
To illustrate how Virginia courts handle petitions for modification, here are a couple of recent decisions rendered by the Virginia Court of Appeals.
Blair v. Blair
Blair v. Blair demonstrates what the material change in circumstances standard means when it comes to modifying spousal support.
In this case, the ex-husband petitioned the court to modify the amount of alimony he was paying his ex-wife. The husband reasoned that he had retired and was no longer receiving income from employment. He also claimed that since the time of their divorce, the ex-wife’s income had increased. However, the former wife introduced …show more content…
The Court found that even though the husband was retired, he had increased resources to pay alimony compared to when the couple obtained a divorce. The Court also noted that even though the ex-wife’s income had increased, the ex-husband’s wealth had increased more than the ex-wife’s income so there was no material change in circumstances.
Harris v. Harris
Harris v. Harris shows what happens when you and your former spouse enter into a settlement agreement that does not contain a provision allowing modification.
Here, the former husband petitioned the court to modify the monthly alimony payments he was giving his ex-wife. Their settlement agreement provided for a specific amount of money to be paid monthly.
While the court found that the ex-husband could no longer afford to make the alimony payments and that the ex-wife was able to pay for her own needs, the court declined to modify because the former couple had agreed on the alimony