Can Alimony Be Modified or Terminated in Connecticut?

When Can Alimony Be Modified in Connecticut?

Life is full of unexpected changes, and sometimes, the terms of an alimony order, reached by agreement or following a trial, may no longer be fair or feasible. In Connecticut, alimony can be modified if there is a substantial change in circumstances, but only to the extent that the existing order does not prohibit modification.

One common reason to modify alimony is a significant change in either party's financial situation. For example, if the paying spouse reasonably retires, loses their job or suffers a considerable reduction in income for another non-self-created reason, they may seek to reduce their alimony payments. Conversely, if the receiving spouse experiences a substantial increase in income or financial independence, the paying spouse might argue that the alimony should be decreased.

Health issues can also be a valid reason for modification. If either party suffers from a severe illness or disability that affects their ability to earn an income, the court may consider adjusting the alimony arrangement. Although, it’s important to note that the change must be significant.

Another possible reason to seek a modification is the cohabitation of a recipient spouse with a romantic partner. However, absent specific language to the contrary in the existing court orders, a modification claim based on cohabitation requires also proof that the cohabitation has altered the financial needs of the recipient spouse. This is often difficult to demonstrate to the court.

How Do You Request a Modification of Alimony?

The first step is to file a motion with the court that issued the original alimony order, along with some other accompanying documents that will essentially request that the court reopen your docket. The motion should detail the substantial change in circumstances and provide evidence to support the claim. Be aware that no alimony modification can be entered to any date earlier than the date upon which the motion was properly served to the recipient spouse.

Once the motion is filed and served, both parties will have the opportunity to engage in a discovery (or due diligence) period. This may involve requesting and providing financial documents, employment records, medical reports, or other relevant information.

If the dispute cannot be resolved through an alternative dispute resolution approach, such as mediation or collaborative law, there will be a hearing (similar to a trial). During the hearing, the court will review the evidence presented and decide whether the change in circumstances is significant enough to warrant a modification of the alimony agreement. If there is a significant change in circumstance, then the court is required to apply a de novo (completely fresh) review of the statutory factors applicable to the initial determination of alimony: “the length of the marriage, the causes for the annulment, dissolution of the marriage or legal separation, the age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate and needs of each of the parties and the award, if any, which the court may make pursuant to [Connecticut General Statutes] section 46b-81, and, in the case of a parent to whom the custody of minor children has been awarded, the desirability and feasibility of such parent’s securing employment.”

It’s crucial to understand that the burden of proof lies with the party requesting the modification. They must demonstrate that the change in circumstances is substantial and ongoing. Legal representation can be incredibly beneficial during this process, as an experienced family lawyer can help gather evidence, present the case effectively, and navigate the complexities of family law.

Can Alimony Be Terminated in Connecticut?

Termination of alimony is possible under certain conditions. One of the most common scenarios is when the receiving spouse remarries. In most cases, provided that it is stated in the existing court orders, remarriage automatically terminates alimony obligations.

Alimony may also be terminated if the paying spouse retires. However, the retirement must be reasonable and in good faith. Early or voluntary retirement that appears to be an attempt to avoid alimony payments may not be sufficient grounds for termination. The judge will exercise their discretion to determine whether the retirement is appropriate, examining the circumstances surrounding the retirement, as well as the impact on the paying spouse's financial situation.

Finally, alimony can be terminated upon the death of either party. This is typically outlined in the original alimony order and is a standard provision in Connecticut law.