What Justifies a Modification of Spousal Maintenance in New York?

Spousal maintenance, as alimony is known in New York, is designed to help one spouse maintain their standard of living following a divorce. Typically, it is paid in a fixed, recurring amount over a predetermined period. However, changing financial circumstances for either ex-spouse can necessitate a modification of the maintenance payment. 

To qualify for a modification, conditions outlined in New York’s spousal maintenance statute must be met. There are three primary situations that may justify modifying spousal maintenance:

1. A substantial change in circumstances — This is the most common reason for seeking a modification. The change must be significant and involuntary. For example, if the paying spouse loses their job, experiences a business failure, or becomes unable to work due to a severe injury or illness, these could be considered substantial changes. It’s important to note that voluntary changes, such as choosing to leave a job or not seeking employment suitable to one’s skills and education, do not qualify.
2. Three years have passed since the last modification — Even if no substantial change in circumstances has occurred, a request for modification can be made if at least three years have passed since the maintenance order was last modified or entered. This provision allows for periodic reevaluation of the maintenance arrangement to ensure it remains fair and appropriate.
3. A 15 percent or greater change in income — A significant shift in income of at least 15 percent for either spouse, whether an increase or decrease, can also warrant a modification. For instance, if the paying spouse receives a substantial salary cut or the receiving spouse gets a significant raise or a substantial inheritance, these changes can prompt a reassessment of the maintenance payments.

To succeed in a modification request, the spouse seeking the change must provide evidence of the altered circumstances, the reasons behind them and their impact on their financial situation. Supporting documentation, such as employment records, medical reports, or financial statements, will be necessary to build a compelling case.

Changes in the recipient spouse’s financial status can justify a reduction in maintenance payments. For example, if the recipient inherits a large sum of money or enters into a new romantic relationship that improves their financial position, the paying spouse may request a modification to reduce or terminate the maintenance obligation.

While general increases in the cost of living typically do not meet the statutory standard for modification of spousal maintenance, there are exceptions. For example, if there is a sudden and significant rise in your rent or other essential living expenses, a court may find that the current maintenance payment is no longer sufficient and grant a modification. If your divorce settlement includes a cost of living adjustment (COLA) clause, the terms of that clause will govern any adjustments based on economic changes.

If you need assistance with pursuing or defending against a modification of a spousal maintenance order, call the Law Office of Maurice J. Verrillo, P.C. in Rochester at 585-563-1134 or contact us online. We offer a free first-time consultation.

By Maurice J. Verrillo | Published August 5, 2024 | Posted in Spousal support | Tagged Alimony, Financial Circumstances, Spousal Maintenance | Comments Off on What Justifies a Modification of Spousal Maintenance in New York?