Understanding Modifiability
In general, unless otherwise stipulated by the parties involved, periodic alimony awards can be modified after a divorce has been finalized. According to C.G.S. § 46b-86(a), "Unless and to the extent that the decree precludes modification, any final order for the periodic payment of permanent alimony or support, an order for alimony or support pendente lite or an order requiring either party to maintain life insurance for the other party or a minor child of the parties may, at any time thereafter, be continued, set aside, altered or modified by the court upon a showing of a substantial change in the circumstances of either party." This implies that C.G.S. § 46b-86(a) specifically pertains to orders for periodic alimony.
Lump Sum vs. Periodic Alimony
Lump sum alimony payments are typically non-modifiable as they are often treated as property distributions. Periodic alimony, on the other hand, is modifiable unless the relevant orders explicitly state otherwise. Alimony awards can be labeled as non-modifiable in terms of duration, amount, or both. Some arrangements allow for modifications under specific conditions. For instance, alimony might remain non-modifiable until the payor's income surpasses a predetermined amount, known in legal terms as an earnings "safe harbor." Conversely, alimony may remain unchanged unless the payor’s income drops below a specified threshold, providing stability for the recipient and reducing incentives for the payor to reduce earnings deliberately.
The term of alimony may also be deemed non-modifiable except under circumstances such as the payor's unemployment or disability, death of either party, remarriage, or cohabitation of the recipient.
Substantial Changes in Circumstances
Under C.G.S. § 46b-86(a) and supporting case law, the party seeking an alimony modification must show a substantial change in circumstances to justify the request. There is no exhaustive list of situations that may warrant modification, suspension, or termination of alimony. Common scenarios include significant changes in employment or income for either party. Moreover, if the recipient becomes aware of a substantial increase in their former spouse's earnings, it may also impact alimony terms.
Any change must have occurred after the original orders were established. Courts disallow reopening an alimony case based on circumstances that could or should have been anticipated at the time of the initial decree. Previously, the change had to be unforeseen, but this is no longer necessary. Events post-decree—even if anticipated at the time of divorce—may still justify a revision of alimony arrangements.
Monitoring Income Changes
Clients frequently express concerns about knowing if their former spouse’s income increases, particularly when discretionary bonuses or self-employment is involved. Courts in Fairfield County and elsewhere address this by adopting various measures depending on the financial complexity involved. In simple cases, courts may require parties to exchange tax forms annually, offering transparency in earnings. In more intricate cases, the court might allow the recipient to hire a tax professional to audit the payor's finances annually. If under-reporting is identified, the payor may need to compensate for any unpaid support and cover audit costs. These provisions aim to ensure openness and deter income misrepresentation by the obligor.
Contact Us
If you have questions about modifying your alimony award after your divorce is finalized, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
