Spousal Support Modification in Tennessee
Spousal support can provide financial assistance after a marriage dissolves, but there may come times when spousal support may end or be modified. The court that entered the decree of divorce continues to have jurisdiction over your case, and you may be able to request modification if certain circumstances exist. Alimony attorneys in Nashville explain what you need to know about terminating and modifying spousal support.
When Does Alimony End?
It’s essential that you understand the original terms of the alimony agreement to know how changes can impact it. The order or agreement may specify how long alimony is to be paid, such as a certain number of years or after a spouse finishes a college degree and secures employment. Some orders do not include an end date. They may only terminate if one of the spouses dies or the dependent spouse remarries.
It’s important to note that the existing spousal support order remains in effect until there is a change to the court order. Modifications do not apply retroactively.
Can Alimony End Early?
Because spousal support is need-based, it can end early if the spouse paying it can show that it is no longer necessary. Some situations that may justify ending alimony early may include:
- A dependent spouse is cohabiting with a new romantic partner who pays all the bills.
- A dependent spouse has a new, higher-paying job that does not require them to need financial assistance.
- A supporting spouse has suffered an illness or long-term disability that makes it so they can no longer afford to support their spouse.
- A supporting spouse has retired and has a much lower income.
Process of Modifying Spousal Support
You may wish to modify the original spousal support order to end it early or reduce the amount of support. To accomplish this, you must file a petition seeking to modify support. Working with a specialized spousal support attorney in Nashville on a petition to modify, you must show why your suggested changes are appropriate and necessary. You must be able to provide proof to the court that what you allege is true.
Your spouse must be served with the petition and allowed an opportunity to respond. You could try to negotiate an agreement with your spouse. If this approach is successful, you can ask the court to modify the order to match your agreement. If your spouse does not agree, the court can schedule a hearing where it will hear testimony from you, your spouse, and other relevant witnesses and examine the evidence you present. If the court agrees with you, it adjusts the spousal support.
Contact Burdine Law Firm, PLLC for Assistance with Modifications of Support Orders
Spousal support orders can be modified, but the process of modifying them can be complicated for someone who is not intimately familiar with Tennessee family laws. The experienced team of Nashville family law attorneys at Burdine Law Firm, PLLC has decades of combined legal experience we leverage to fight for our clients’ desired outcomes. Contact us today for a confidential consultation where we can explain the law and how it applies to your case.