When a couple is getting divorced, alimony may be part of their settlement. A judge can order that one party pays alimony, also called spousal maintenance, to the other party. This award usually comes when one spouse earns significantly less than the other spouse, provided that the recipient contributed to the marriage.
One Utah woman is petitioning to change her divorce settlement so that she does not have to pay alimony anymore. The woman was paying alimony as her ex-husband had a head injury that meant he could not work. Now, the ex-wife has remarried and, unfortunately; her ex-husband allegedly killed her new husband. He had even been trying to kill her. For those unsettling reasons, the woman no longer wants to pay him $500 per month.
The law states that if either party has had material changes in their life, then the court may modify the order of spousal maintenance. A typical change is a change in income. For example, if one ex-spouse who was ordered to pay alimony earned $75,000 per year at the time of the divorce decree, but now earns $32,000 per year, the court may do a downward modification of the alimony so that the payments are affordable.
The woman goes back to court soon, and it will be interesting to see how the judge interprets the law in this circumstance.
Jayson Lutzky is a lawyer with an office in the Bronx, New York. He offers free in office consultations for matters related to divorce and family law. If you are considering divorce, then you should speak to a qualified attorney. With over 31 years of experience and thousands of satisfied clients, Mr. Lutzky is ready to represent you. You may set up an appointment by calling 718-329-9500. Additionally, you may visit www.MyNewYorkCityLawyer.com for more resources.