Alimony Modification Attorneys

Family Lawyers - Alimony Modification in Atlanta & Georgia

Just as there is little specific guidance for determining whether to award alimony and the amount of alimony in a divorce, there is also little specific guidance for determining whether an alimony modification is warranted and, if so, by how much.  Georgia law generally uses the test of whether there has been “a substantial change in circumstances” to decide whether it is appropriate to modify alimony in any particular case.  If so, the court then is empowered to determine the new amount of alimony, if any, that should be awarded.

The issue of what constitutes a “substantial change in circumstances” can cause substantial litigation.  Because of the vagueness, it is especially important to talk with a trusted legal advisor, like Meriwether & Tharp, LLC, to determine whether your case is appropriate for an alimony modification action.  Generally, we look to see whether there has been a substantial increase or decrease in income of the parties or some extraordinary life changes (like medical problems) that would justify a court to revisit the issue of what is the proper amount of alimony.  Another “substantial change” that may be evaluated is whether your ex-spouse has re-married or is cohabiting with another person.  Georgia does have what is called a "live-in lover" statute that allows one to move for a reduction of payments where a party receiving alimony has moved in with a person and is living in a meretricious relationship, but is avoiding getting married in order to continue receiving alimony payments.  Every case is different and legal opinions can vary widely for alimony modification determinations depending upon the specific facts of your case, the county in which your ex-spouse lives, and even the judge who may be assigned to your case.

If you believe that you may have experienced a substantial change in circumstances, it is a good time to evaluate whether the original alimony award from your case is still appropriate or whether a modification in alimony is appropriate.