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Archive for the ‘Modification of Alimony’ Category

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After the retirement of the payor spouse, courts are permitted to modify alimony awards from time to time as circumstances may require

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March 9, 2012 at 6:46 pm

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There is no brightline rule to distinguish the duration of temporary changed circumstances from those which are long-term

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March 2, 2012 at 5:13 pm

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The provisions in a MSA which permitted the parties to seek modifications based upon changes in plaintiff’s income are triggers that, when met, constituted the equivalent of a changed circumstance, which would then allow the court to consider a modification application without the necessity of the moving party demonstrating additional changed circumstances

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February 7, 2012 at 5:58 pm

*All Posts,Agreements,Child-support-modification,Modification of Alimony,Property-settlement-agreement,Settlement agreement

When PSA terms are plain and explicit and set forth in clear and unambiguous language, leaving no room for interpretation, the court will enforce them as written and agreed to by the parties, absent a substantial change in circumstances or unless they would no longer be fair or equitable

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January 8, 2012 at 12:14 pm

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Parties may enter into a property settlement agreement under which support obligations will be modified at a specific future date without a showing of changed circumstances

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December 21, 2011 at 5:43 pm

*All Posts,Alimony,Divorce,Modification of Alimony

Where the payor spouse has substantial reasons for retiring and the effect on the payee spouse is minimal (due, for example, to other available income, qualifying for social security, or new employment) the balance will be struck in favor of the payor

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December 21, 2011 at 5:40 pm

*All Posts,Alimony,Divorce,Modification of Alimony

The goal of alimony

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December 19, 2011 at 8:44 pm

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Trial courts retain jurisdiction to modify marital agreements on a showing of changed circumstances notwithstanding the existence of a PSA

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November 29, 2011 at 11:37 am

*All Posts,Divorce,Modification of Alimony,Property-settlement-agreement,Settlement agreement

When no finding was necessary at the time of the parties’ divorce by virtue of their settlement, their standard of living remains the touchstone for subsequent motions for modification of the alimony award based upon a claim of changed circumstances

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November 13, 2011 at 12:07 pm

*All Posts,Modification of Alimony,Property-settlement-agreement,Settlement agreement

Absent unconscionability, fraud, or overreaching in the negotiations of the settlement, no legal or equitable basis exists to reform the parties’ property settlement agreement

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November 13, 2011 at 11:51 am

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