You and your spouse (or former spouse) have been to court and the judge ordered you to pay $1,000 per month in alimony. Now, five years later, the situation has changed. You were laid off, through no fault of your own. Your former spouse is now working full time and seems to be making enough money to support herself. You might be eligible to file for a modification of your alimony order.
According to N.C.G.S. 50-16.9, any order for alimony or post separation support may be modified or terminated at any time. The party wanting to modify or terminate the support order must file a motion and allege changed circumstances. At a hearing on the motion, a judge compares the present circumstances and situation of the parties with the facts at the time the previous order was entered. In the example above, the judge would hear evidence about the layoff and the spouse’s new job and compare those facts to those at the time of the order. The judge can determine whether to modify or terminate (vacate) the previous order for alimony.
If a party receiving alimony later remarries or cohabitates, then the alimony shall terminate. Cohabitation requires a showing that two adults are living together continuously and habitually in a relationship that is typical of married people (N.C.G.S. 50-16.9(b)). A judge may need to hear evidence on this issue to determine whether there is cohabitation.
Alimony can be complicated but we can walk you through the steps of the process and discuss how the different factors in the statutes apply to your situation. Contact us today!