The type of alimony and the specific set of circumstances will determine whether or not your current alimony award can be modified. Permanent Alimony, for example, may be modified by a showing of a substantial change in circumstances or upon a showing that the obligee (the person to whom the support is owed) is maintaining a supportive relationship.
The court will assess the existence of a supportive relationship by a careful review of certain factors which include but are not limited to:
- Whether the obligee and the other person have held themselves out to the public as husband and wife,
- The length of time they have resided together in a permanent dwelling, or
- Whether they have pooled financial assets, jointly purchased real or personal properties or engaged in other behavior that indicates a level of economic support.
Rehabilitative Alimony
Awarded to assist a party with achieving a level of self-support -may be modified based on a substantial change in circumstances or if there has been noncompliance with the rehabilitative plan or a completion of the rehabilitative plan.
"Bridge-the-Gap" Alimony
Awarded to assist in the transition from being married to single, may not be modified.
In all cases, it will be necessary to conduct a careful analysis of the type of alimony initially awarded and the specific reasons supporting the need for a modification.