Modification of Spousal Support

Modifying Spousal Support Orders

Remarriage And Cohabitation

In general, if the spouse receiving support remarries, spousal support will be terminated unless the agreement states to the contrary. However, cohabitation with a nonmarital partner will not automatically terminate a maintenance or alimony obligation. Parties by agreement may decide the terms of cohabitation that will terminate maintenance or alimony obligations.

Spousal Support Arrears

Unpaid maintenance obligations are not discharged by death, cohabitation or remarriage. In the event the arrears have been reduced to judgment, they cannot be modified. If the arrears have not been reduced to judgment, they may be modified only upon a showing of good cause for the party’s failure to request modification to the support award prior to accumulating arrears.

Interference With Visitation

A maintenance award may be modified in the event the party receiving spousal support prevents the party paying spousal maintenance from exercising his or her lawful visitation rights.

Contact The Venzon Law Firm PC

With almost three decades of experience, our attorneys have a thorough understanding of New York law. To inquire about modification of spousal support, contact the Buffalo divorce lawyers at Venzon Law Firm PC at 716-854-7888, or complete our quick contact web form. For more information about spousal support, please refer to our FAQ page.