Powell Radomsky, PLLC

Is it possible to modify spousal support years later?

When a couple in Virginia chooses to end their marriage, there are a variety of different decisions that they must make. In some cases, one or both people may be eager to move on with their lives. This could mean they may make certain concessions -- including how much spousal support will be paid -- without much argument and sometimes without a full understanding of the future implications of such decisions.

For example, one spouse might find it fair to agree to a certain amount of spousal support at the time of the split. However, that amount could become onerous in the years that come, especially as the paying spouse considers retirement. Some agreements may include provisions that the other spouse must find employment in a certain period of time or put other limits on spousal support. Once an agreement is made, however, it may be difficult to make modifications in the future unless a person's financial situation has changed significantly. 

For example, one person claims that, after 25 years of marriage, he agreed to give his wife half of the family assets, including retirement assets. Additionally, the man claims that he agreed to pay $3,000 in modifiable spousal maintenance. Now that their children are finishing up college, the man is interested in downsizing his home and preparing for retirement. As such, he wants to reduce his spousal support payments. 

While two former spouses may be able to discuss their concerns regarding the current spousal support amount and the potential for a modification, and come to an agreement on their own, a judge may ultimately have to make the determination regarding whether a modification is possible. In such a situation, both parties will want to ensure that their interests are accurately and appropriately presented to the court. For those in Virginia facing such situation, there are experienced family law attorneys who can guide them throughout the process.

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Powell Radomsky, PLLC

Powell Radomsky, PLLC
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