Life can change significantly after a divorce, sometimes in ways you don't expect. If you have been ordered to pay spousal support or depend on alimony to make ends meet, those changes could leave you wondering if you are stuck with your current order, or whether you can modify a spousal support award after the judgment is entered.

When Can You Modify a Spousal Support Award in Michigan?

The good news is that, in most cases, if your judgment of divorce includes alimony or spousal support, you can file a motion to modify that order after your divorce case is closed. These post-judgment motions are relatively common, especially following longer-term marriages with lengthy alimony periods.

However, if there was no spousal support award in your initial divorce decree, the judgment will likely say that spousal support is “forever barred.” In that case, forever means forever. You can't go back and ask for it later except in very rare circumstances involving severe cases such as fraud or concealed assets.

To modify an existing spousal support award, you will need to show that there has been a change in circumstances since the order was entered. Generally, this must be a change that was not anticipated when the original judgment was entered. However, a payer's change in income can justify modification even if it is entirely predictable, like upon retirement.

Can You Modify Permanent Spousal Support?

If your judgment of divorce includes an award of “permanent spousal support” you may think you are out of luck if circumstances have changed. But that's not true. “Permanent” here just means that it will continue until the death of the payer, remarriage (and in some cases cohabitation) of the recipient, or until further order of the court. In other words, there is no set end date. By contrast, “rehabilitative” spousal support is generally awarded for a specific number of months, or until a set amount of money is paid, and then it ends automatically. Despite the label, you can usually file a motion to modify or even terminate your permanent spousal support award.

Common Reasons to Modify Alimony

Nearly any change in circumstances that significantly affects the recipient's needs or the payer's ability to pay spousal support can be a basis for filing a motion. Some common reasons include:

• Payer is laid off or fired and can't find replacement employment
• Recipient gets a new job with significantly higher wages
• Either party becomes legally disabled and unable to work
• Recipient remarries or begins sharing expenses
• Payer retires
• Recipient has unavoidable increased housing or living expenses
• Substantial increases in health insurance or medical costs for either party
• Changes or loss of other income such as rental income, stock distributions, or government benefits

Can You Receive Non-Modifiable Spousal Support

If you are worried about your former spouse undercutting your ability to support yourself or coming back for more alimony after the marriage is over, you may want to consider a non-modifiable spousal support award. By law, Michigan Courts cannot award either party non-modifiable spousal support over the other party's objection. But there are two ways that you may be able to provide finality for you and your spouse.

By Agreement

You and your spouse have a statutory right to modify spousal support. That's why the courts can't enter a non-modifiable alimony order. But you also have the right to waive or give up that ability. If you want to make sure there won't be changes in the future, you and your spouse can enter a settlement agreement that includes specific language agreeing to non-modifiable spousal support and waiving your right to come back and ask for changes later on.

“Alimony in Gross”

Sometimes, a judgment of divorce will include something called “alimony in gross” that can look like spousal support. It may require one spouse to pay the other a specific amount each month or as a lump sum when some triggering event occurs (such as the sale of a business). Even though these awards involve payments, sometimes for years after the judgment is entered, they are actually part of the Court's property division. That means that they cannot be modified except in the rare cases discussed above. If you are looking for ways to make your judgment final and avoid ongoing support, agreeing to alimony in gross in lieu of spousal support (including a lump-sum payment of the recommended spousal support amount) can keep you from coming back to court.

When to File a Motion to Modify Spousal Support

The most common mistake most people make is waiting too long after circumstances change to file their motion. Since support orders generally cannot be changed retroactively, you want to get your motion filed as soon as you know circumstances have changed. That way, your Michigan family lawyer can argue that the modification should take effect on the date your motion was filed, getting the biggest impact if your motion is granted.

Get Help Modifying a Spousal Support Award from a Michigan Family Lawyer

At Bebout, Potere, Cox & Bennion, P.C., we care about you and your family. We help individuals and families in Rochester Hills, Rochester, Troy, Lake Orion, Oxford, Oakland County, Macomb County and throughout Southeast Michigan. We can help you file a motion to modify your spousal support award before the Michigan family courts. Call us at 248-651-4114 or contact us here to speak to an attorney.