People pay spousal support (also called alimony) because the law aims to ensure that both spouses can move forward after divorce without one being placed at a significant financial disadvantage. It’s not assigned as a punishment or reward; it’s about fairness based on the circumstances of the marriage.
What if circumstances change? What if your ex-spouse gets a financial boost, like a major promotion, a large payout, or an unexpected inheritance, while your own financial situation remains the same and the support you receive barely covers essentials?
It’s reasonable to wonder if you can go back to court to ask for a spousal support modification. The law does allow for changes in spousal support when there’s a significant change in circumstances, but whether that applies to your situation depends on several factors. Below, we’ll walk through what courts generally consider and what steps you can take.
Understanding How Alimony Works After Divorce
Here are a few important points about alimony after divorce:
- Types of alimony vary. Some orders are temporary, lasting only until the receiving spouse can get on their feet. Others are long-term, especially after long marriages where one spouse gave up career opportunities to support the household.
- It’s based on need and ability to pay. Courts weigh the recipient’s financial need against the payer’s ability to provide support.
- It’s not set in stone forever. Even though an alimony order feels like the final word, most agreements include terms that allow for modification under certain circumstances.
By understanding these fundamentals, it becomes easier to see why your ex’s sudden financial improvement could open the door to revisiting support. However, simply noticing your ex’s new car or Instagram vacation photos isn’t enough to guarantee change. The law sets certain rules about when and how alimony can be adjusted.
Can Alimony Be Changed if Circumstances Change?
The short answer is yes. Alimony can often be changed when circumstances shift significantly. But it’s not automatic, and the threshold for “significant change” is more than just your ex appearing wealthier than before.
Courts typically look for material changes in circumstances, something substantial and ongoing, not just temporary. Examples include:
- A big increase in your ex’s income, such as a high-paying job, business success, or inheritance.
- A significant decrease in your own income due to job loss, health issues, or other hardships.
- Changes in living expenses, like having to care for children or losing shared benefits you once relied on.
The key word here is material. The court wants to know if the change is real, measurable, and long-term enough to justify adjusting what was previously decided.
Another factor to consider is that some divorce settlements include specific language regarding whether alimony can be modified. If your agreement says payments are “non-modifiable,” then even a lottery win on your ex’s part might not change your order. This is why revisiting the actual wording of your divorce decree is an important first step.
Once you understand that alimony isn’t fixed forever, the next logical question is: what do judges actually look for when someone asks to increase support?
What the Court Looks for Before Increasing Alimony
Walking into court with the argument “my ex is rich now, so I should get more” isn’t enough on its own. Judges are careful about these cases, because they’re balancing fairness, responsibility, and the law.
Here are the main factors the court typically reviews:
- Proof of increased income. You’ll need more than speculation. Tax returns, business records, or other financial disclosures may come into play.
- Your ongoing need. The judge will look at your own financial situation. If you’re already self-supporting or your expenses are covered, the court may not see a reason to increase payments.
- The original agreement. Judges consider the purpose behind the first alimony order. Was it meant to be temporary while you trained for a new career? Was it long-term because of sacrifices made during the marriage? This context matters.
- Changes in lifestyle. If your ex’s standard of living has risen dramatically while you’ve struggled to meet basic needs, the court may see that as relevant.
- Duration since the divorce. The longer it’s been, the more the judge may want to see evidence of ongoing need rather than simply adjusting for lifestyle differences.
Think of it as the courts not automatically awarding you just because your ex is now more successful. Instead, they evaluate if the fairness has changed since the divorce and whether increasing support would help restore that fairness.
So, if you believe you have grounds to ask for more, how do you actually take steps toward making it happen?
Steps to Take if You Want to Request More Support
As tempting as it might be to storm into court and demand an increase, the process is more structured. If you want your request taken seriously, you’ll need to approach it carefully.
Here’s a roadmap of what this often looks like:
- Review your divorce decree.
Before anything else, check the language of your original alimony agreement. Does it allow for modification? Are there conditions mentioned, such as a time limit or restrictions? - Document the change in circumstances.
Gather evidence showing your ex’s increased financial capacity and your own ongoing need. Think beyond rumors. This could include proof of new employment, business success, or public records of assets. - Evaluate your own finances.
The court will ask about your current situation, so prepare to show your expenses, income, and any efforts you’ve made to support yourself. Transparency matters. - File a motion with the court.
The formal step is submitting a motion to modify alimony. This is where your documentation and legal arguments are officially presented. - Attend a hearing.
A judge will review both sides, and your ex will have a chance to respond. Expect questions about both of your financial situations and how things have changed since the original order. - Receive the court’s decision.
The judge may approve the modification, deny it, or adjust it differently than you requested. Outcomes vary, which is why preparation is key.
This process can feel intimidating, especially if your ex resists or tries to hide assets. That’s where legal guidance becomes not just helpful, but essential.
How an Alimony Attorney Can Guide You Through the Process
When money and legal rules collide, things can quickly become complicated. Even if you feel your case is strong, the reality is that modification requests are rarely straightforward. Courts require clear evidence, well-organized arguments, and a legal strategy that aligns with state law.
That’s where an experienced alimony attorney can:
- Help you interpret your divorce decree and determine whether modification is even possible.
- Collect and present financial evidence that supports your claim.
- Anticipate how your ex might respond and prepare counterarguments.
- Navigate court filings and deadlines so you don’t miss critical steps.
- Represent you in hearings and explain the legal standards to the judge clearly.
Most importantly, we can give you a realistic picture of your chances before you invest time and emotional energy into the process. We understand how judges typically view modification requests and can tailor your approach accordingly.
If you’re considering going back to court for more support, reach out to us at (888) 337-0258 or fill out our online form to get started.