New York State calls alimony spousal maintenance. It is designed to help one spouse maintain their standard of living after a divorce either permanently or for a limited duration. Payments are typically set at a fixed, recurring amount and scheduled to continue for a designated period. However, life brings changes in circumstances, and they may be significant enough that modification of the original maintenance order is warranted. The burden of proof is on the party seeking modification.

Grounds for modification occur for the paying spouse when the paying spouse loses their job, experiences a business failure or suffers a serious injury or illness that limits their ability to work. In those circumstances, the court may find it justified to reduce the payment amounts. On the other hand, a voluntary decision — such as choosing to reduce work hours or switching to a lower-paying job without a compelling reason — does not justify a change in maintenance obligations.

Representation of the paying spouse should include terms in which spousal maintenance may be modified because without specific language you are left with the law at the time in which you are seeking it to be modified. The same applies for the spouse receiving support where an experienced attorney will negotiate terms to limit the ability of the paying spouse to modify the spousal support obligation.

An attorney experienced in alimony aka spousal maintenance determinations can negotiate an agreement that provides for obtaining reasonable modifications in appropriate situations.

Bombardo Law Office, P.C. in Syracuse represents Central New York spouses in negotiations and litigation relating to spousal maintenance. To make an appointment for a consultation, please call 1-315-488-5544 or contact me online.