I Was Just Laid Off, Through No Fault of My Own, and Don’t Know How Soon I’ll Find Work Again or How Much I Might Actually Earn Once I Do. How Do I Get the Court to Reduce or Terminate My Alimony Obligation?

A reduction in the alimony award obligation is extremely difficult to obtain. It’s designed to be difficult to modify downward, so that only those who 1) are truly unable to pay, and/or 2) can prove there is no longer a need to pay, receive relief.
And as you can imagine, even if you believe you have a strong case for alimony reduction or termination, your ex will likely resist your efforts by every means available to him/her.
To get a reduction, you need to prove that your income has decreased on a non-temporary basis due to no fault of your own and/or that the alimony recipient’s need to be paid alimony has decreased or no longer exists.
Losing your job is usually not enough to obtain a reduction or elimination of alimony. If you can also show that your job cannot be replaced or cannot be replaced at the same level of income that your lost job paid, you may have some hope of obtaining an order reducing or eliminating your alimony obligation. Otherwise, mere loss of a job will not be enough. It’s expected and anticipated that people who lose their jobs will find a new job making essentially the same amount of money in most situations.
Has your ex-spouse’s income increased to the point that he/she can support herself at the lifestyle to which he/she was accustomed during the marriage? Or has he/she voluntarily reduced his/her lifestyle expenses? If so, and if you can prove it, you may be able to persuade the court to terminate or reduce your alimony obligation on the basis that the need for alimony has decreased or even ceased to exist.
Utah Family Law, LC | | 801-466-9277
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