Eligibility for Changing Spousal Support Agreements in Virginia

The presumption of the law is that after a court awards spousal support, that spousal support obligation can always be modified so long as the person asking for the modification proves the material change that warrants a modification of support. This differs from an agreement, where if the parties have agreed to spousal support, the court is strictly limited by what the agreement allows the parties to do in terms of a modification.

If you are looking to determine if you are eligible to change your spousal support agreement in Virginia, consult with an experienced alimony lawyer today. An experienced attorney will be able to help you understand the specifics of your case and move forward appropriately.

Requesting a Change in Payment

There are a number of circumstances that could occur to make a person eligible to change their spousal support agreement in Virginia. Some of the more frequent reasons are justifications for medication, a change in one or the other spouse’s income, and a change in the financial needs of one of the two spouses.

For example, one person may have a greater financial need because they have been diagnosed with some illness and they cannot work as much. That might be a justification for a change in support. Similarly, if the recipient spouse has engaged in a new relationship that is similar to marriage, the payor spouse can take that information to court and ask to terminate support.

Rights of the Paying Spouse

If the amount of spousal support is eligible to change in Virginia, a person would have the ability to ask the court to end support if the recipient party has engaged in a relationship similar to marriage, like a live-in relationship for a period of a year. If the recipient spouse has remarried, spousal support would terminate.

Additionally, it is possible for a payor spouse to go to court if they have lost a job by no fault of their own. Or, at the time that person is looking to retire, they have the ability to go to court and ask the court to consider retirement as justification to lower or eliminate spousal support.

Modification of Support

Typically, modification of support by the paying spouse would be based on a new relationship by the spouse receiving support, whether it is by way of marriage, by way of a live-in romantic relationship, or if the recipient’s spouse improved their financial situation such that they did not have a need for financial support anymore. A knowledgeable lawyer will be able to determine if such circumstances make an individual eligible for a change in spousal support agreements in Virginia.

Legal Marriage of the Recipient

The recipient of spousal support in Virginia does not have to be remarried in order for spousal support to be terminated. Support can end if the recipient spouse is involved in a romantic relationship with somebody and living with that person for a period of one year or more. An individual must discuss their situation with an attorney to understand if such arrangements make them eligible for changing their Virginia spousal support agreement.