Under Massachusetts law, spousal support orders can be modified if there has been a material change in circumstances since the original order was issued. A “material change” means that the circumstances have significantly changed, and the current order no longer reflects the financial realities of one or both parties. Common reasons for seeking a modification include:
- Loss of Employment or Decrease in Income: If the paying spouse loses their job or experiences a significant decrease in income, they may request a reduction in alimony payments. Similarly, if the recipient spouse’s financial needs decrease due to employment or other income sources, the paying spouse may seek a reduction or termination of payments.
- Increase in the Recipient’s Income: If the spouse receiving alimony experiences a significant increase in income, whether from a new job, promotion, or other financial gain, the paying spouse may request a reduction or termination of the alimony obligation.
- Health Issues or Disability: If either party suffers from serious health issues or becomes disabled, it may affect their ability to pay or their need for support. In such cases, a modification of spousal support may be warranted.
- Remarriage or Cohabitation: Under Massachusetts law, if the spouse receiving alimony remarries or cohabitates with a romantic partner, the paying spouse may be eligible to have alimony reduced or terminated. Cohabitation is defined as living together for at least three months in a romantic relationship.
- Retirement: Retirement can also serve as a basis for modifying spousal support. If the paying spouse retires at the typical retirement age, which is generally considered to be 65 in Massachusetts, they may seek to terminate or reduce alimony payments.
It’s important to note that Massachusetts laws, specifically the Alimony Reform Act of 2011, provide guidelines for how long alimony should last based on the length of the marriage. This law also establishes the possibility of terminating alimony once certain conditions, such as retirement, are met.
How to Modify Spousal Support in Massachusetts
If a material change in circumstances has occurred, either party may request a modification of spousal support by filing a complaint for modification in the appropriate Probate and Family Court. Here’s a step-by-step guide on how the process works:
- Filing a Complaint for Modification: The first step in seeking a change to your spousal support order is filing a complaint for modification with the Probate and Family Court that issued the original alimony order. The complaint should detail the material change in circumstances that justifies the modification.
- Serving the Other Party: Once the complaint is filed, it must be served to the other party, along with a summons, in accordance with Massachusetts court rules. The other party will then have the opportunity to respond to the complaint.
- Providing Financial Information: Both parties will be required to submit updated financial statements, including details about income, assets, expenses, and debts. This information helps the court assess whether a modification is warranted.
- Court Hearing: After reviewing the complaint and financial information, the court will hold a hearing. At the hearing, both parties will have the opportunity to present evidence and arguments for or against the modification. The judge will then decide whether to approve the modification based on the facts presented and the specific circumstances of the case.
- Final Order: If the court approves the modification, it will issue a new alimony order that reflects the changes. If the request is denied, the original order will remain in place.
Factors Considered by the Court
When deciding whether to modify spousal support, the court will take several factors into account, including:
- The length of the marriage
- The health and age of both parties
- The financial needs of the recipient spouse
- The paying spouse’s ability to pay
- Any other material changes in circumstances
It’s important to remember that not every change in circumstances will result in a modification. For example, minor fluctuations in income or expenses may not be considered material enough to warrant a change in spousal support.
Alimony and Spousal Support Modification Attorneys
If you believe that a change in circumstances warrants a modification of your spousal support order, it is crucial to consult with an experienced family law attorney. Navigating the process can be complex, and having the right legal guidance can ensure that your rights are protected and your case is presented effectively. Contact a knowledgeable Massachusetts family law attorney today to discuss your options and learn how to proceed with modifying your alimony order.
