Is Your Alimony Modifiable or Non-Modifiable?

Your final decree of divorce may specify how much alimony will be paid. Does it specify whether the alimony is modifiable or non-modifiable though? If alimony is specified in the final decree of divorce and “modifiable” either spouse can come back and request a change in the amount of alimony paid.

The husband may petition the court for a downward modification, the wife may petition the court for an upward modification. If you feel you may, in the future need more alimony or longer term alimony make sure that it is noted in the final decree of divorce that the alimony is “modifiable.”

Non-modifiable alimony means just that…it is for a set amount and a set time of period and can’t be changed by either spouse. This will work against you should you have a financial hardship and need an upward modification of alimony. It will however work in your favor should you remarry because non-modifiable alimony won’t change in case of remarriage.

The important thing to remember is to have it specified in the final decree of divorce in great detail how long, how much and whether it can be modified.