New York Alimony Modifications

Many divorces in New York include an order that one former spouse pay the other former spouse alimony. The amount of alimony and which spouse will be required to pay is based on factors enumerated in New York family law. Alimony can be permanent or durational. With permanent alimony the supporting spouse is ordered to pay the dependent spouse alimony until the dependent spouse dies or remarries. With durational alimony the divorce order provides a fixed period of time that alimony must be paid; when that time ends alimony payments are no longer required. However, what happens if there is a change in the supporting spouse’s financial circumstances so that he or she is no longer able to pay alimony? There are often changes in the circumstances of a divorced couple such that changes in the alimony order, the child custody agreement, or a change in the child support order would make sense. If circumstances have changed for you or your former spouse such that an alimony modification is under consideration, it is important that you contact an experienced New York divorce lawyer who will explain to you the factors the court may consider in determining whether or not a modification is legally justified and who will help ensure that any support order issued is both consistent with New York Domestic Relations law as well as your financial situation.

Determination of Whether to Order Alimony


In a divorce proceeding either party may request alimony. The court will determine which spouse, if either, will be required to pay (supporting spouse) the other spouse (dependent spouse). Under New York Domestic Relations Law article 13, sectioåØn 236, a court may order support payments. While historically the wife is generally the spouse who receives support, the determination is not made based on gender. The judge will take into consideration a number of factors including the length of the marriage and the ability of each spouse to be self-supporting.

A support order can direct a single lump sum payment or a serious of payments. The order may require that payments be made for a fixed duration, or that they be permanent. Furthermore, the payment of support may be ordered even if the couple still resides in the same residence. The order directing a spouse to pay alimony may be made in the final divorce judgment or in one or more orders made prior to the final judgment.

At any time after an order is entered directing a spouse to pay support, either spouse can file a petition requesting that modification to the order. Contact an experienced New York divorce lawyer to help with this petition.

Reasons for Modifying Alimony Order


Under New York law certain changes in either party’s financial, medical or personal circumstance may be grounds for an increase, decrease or cessation of alimony payments. Here are 3 of the common grounds:

• Increase or Decrease in the Supporting Spouse's Income. This refers to a significant change in the supporting spouse's financial situation, either an increase or decrease in their income. It can be a valid reason to modify alimony to ensure that the payments are fair and aligned with the current financial circumstances. For example, Dinozzi v. Dinozzi, 2015 NY Slip Op 51828(U) (N.Y. Sup. Ct., 2015), the Mr. Dinozzi sought an order reducing his spousal maintenance obligations on the grounds that his income had declined by 40%. At the time of the couple’s 2008 divorce, Mr. Dinozzi’s salary was $135,000, and in 2009 it was $155,000. However, it decreased in 2011 and to $110,523.00 and to $86,848 in 2013. Despite his efforts to increase his income, in 2013 Mr. Dinozzi fell behind in both this spousal maintenance and child support payments. At the hearing Mrs. Dinozzi did not offer any evidence to show her current expenses or needs. Thus, the court ordered that the portion of the Judgment of Divorce awarding Defendant spousal maintenance be terminated effective January 9, 2015.
• Disability or Illness That Affects Either Spouse. This pertains to a situation where either the paying or supported spouse experiences a significant health issue or disability that affects their ability to work or impacts their financial situation. This can necessitate a modification of alimony. For example, the supporting spouse suffers a severe injury in a car accident, rendering them unable to continue their previous high-paying job. As a result, their income decreases significantly. They may request a reduction in alimony payments to accommodate their altered financial situation due to the disability.
• Remarriage of Dependent Spouse. If the recipient of alimony, the dependent spouse, gets remarried, it may lead to a termination or modification of alimony. The assumption is that the new spouse will support them financially. For example, the previously dependent spouse, who was receiving alimony, remarries a partner with a stable high-income job. In this scenario, the paying ex-spouse may file for termination of alimony since the recipient now has additional financial support.
• Retirement. This refers to the supporting spouse reaching the age of retirement and subsequently experiencing a decrease in income due to retirement. It can justify a modification of alimony to ensure the supporting spouse can sustain themselves post-retirement. However, as an experienced divorce attorney in New York can explain, it may not mean the end to support payments. The paying ex-spouse retires at the age of 65, resulting in a 40% decrease in their income. This significant reduction in their financial capacity may prompt them to seek a reduction in alimony payments, considering their diminished income and altered financial circumstances during retirement.

Contact Stephen Bilkis & Associates


Petitioning the court for a upwards or downwards change in a support order is complicated and technical. Just because your income or the income of your former spouse increased or decreased does not necessarily mean that a modification will be approved. There are many factors that a judge will consider. It is important that you have experienced representation when requesting a modification or responding to a request for a modification. Contact us an experienced divorce attorney serving New York at Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Queens, Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Staten Island, Suffolk County, and Westchester County.

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