Modification of Alimony

As discussed in our general discussion on alimony, there are four distinct types of alimony in Mississippi. The type of alimony that was awarded or agreed to dictates whether or not a party may be able to modify alimony payment obligations down the line. Generally, permanent and rehabilitative alimony may be modified if there has been a "material change in circumstances" that affects either a payor's ability to pay alimony, or a recipient's need. However, lump sum alimony and reimbursement alimony (typically awarded as a lump sum) 'vest' when the award is made and may not be altered because of a change in circumstances.

The test for modification of alimony is virtually the same as the test for modification of child support - there must be a material change in circumstances that was not foreseeable at the time of the decree. The change in circumstances must be clear and substantial, but not every material change warrants a modification.

Just like most aspects of a divorce, modification will be determined by courts on a case-by-case basis, taking into account the specific facts and circumstances of each individual matter. Some general considerations to keep in mind:

• Alimony can not be awarded in a modification proceeding if the original decree did not provide for alimony
• Alimony may not be modified by an out-of-court agreement
• Only payments not yet due may be modified. Missed payments can not be modified or forgiven.
• Lifestyle choices are usually not reason for modification - new debt, and the births of later children generally do not constitute material changes

These are but a few of the things one must consider when evaluating whether or not a modification of alimony obligations may be warranted. If the financial situation of you or your former spouse has recently changed - whether from a promotion, a lost job, or any other significant change in income - you should speak with a divorce and family law attorney to see whether an alimony modification may be possible. Modification may be used to increase or decrease the support obligation depending on the change in circumstances.