When Can Spousal Maintenance Be Modified in New York?

Spousal maintenance, once called alimony, tends to be among the most disputed items in any New York State divorce proceeding. While a maintenance order ensures that someone receives financial assistance after the breakdown of their marriage, there may be reasons for changing the maintenance order, either by reducing it or ending it altogether. These include changes in employment status, retirement, health problems, or a significant decrease in income.

In this article, the Rockland County family lawyers at the Law Office of Robert S. Sunshine will discuss a case involving a petition to modify alimony.

Background of the case 

In this case, the couple was married for several years before divorcing. In their divorce, the husband was supposed to give a certain amount of money to the wife as a maintenance payment. Later on, the husband filed to modify some conditions regarding the maintenance payment due to a change in his financial situation.

The husband contended that he could not meet the obligations of the maintenance agreement because of a substantial change in his finances. The wife objected to the petition from the husband, stating that there were no material changes in the financial condition of the husband.

The lower court decided against the husband on the matter of modification in part.

The appeal

On appeal, the Appellate Division considered whether the husband had provided sufficient proof of a change in circumstances to justify modifying the award. According to the law in New York, it is not enough for a party paying maintenance to have a change in their financial circumstances. The other party must provide proof of a significant change in their financial position since the initial order was issued.

Among the criteria considered by the appellate court were the husband’s income, earning potential, financial responsibilities, and the terms of the earlier divorce decision. The court also took into account the nature of the financial difficulties facing the husband, as well as whether he tried to remedy the situation.

Ultimately, the Appellate Division agreed with most of the lower court’s conclusions, rejecting the husband’s claim that there were significant changes in his financial condition. The court stressed that it is not enough to reduce maintenance expenses just because one wants to.

Key takeaways

In this case, the court emphasized the difficulties of changing an order of spousal maintenance in New York. Courts usually have high standards of proof regarding a significant change in financial condition, and only a convincing presentation of evidence can change the existing support order.

It is also important that the court is always thorough about assessing the authenticity of any financial information provided by either of the disputing sides. A temporary drop in income or a voluntary lowering of income is not sufficient grounds to modify an order of spousal maintenance.

Given that the maintenance cases are usually complicated due to the number of documents and changing circumstances, those who want to make modifications in their orders should seek legal assistance.

Talk to a Rockland County, NY, Family Lawyer Today

The Law Office of Robert S. Sunshine represents the interests of Rockland County residents during their divorce. Call our Rockland County family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.