When the courts terminate alimony payments, it can be a significant blow to those who rely on them. Circumstances can change, and the need for financial support may return. When this happens, can you ask the court to revisit your divorce decree and reinstate these payments?
Reinstatement of terminated alimony is rare and challenging
Alimony can end for several reasons:
- Remarriage of the recipient spouse
- Cohabitation with a romantic partner
- Death of either spouse
- Fulfillment of the agreed-upon duration
- Significant change in financial circumstances
In general, the law does not allow for reinstatement of alimony after termination. This applies especially in cases of remarriage or cohabitation. Despite this limitation, some exceptions may exist.
For example, if the original divorce agreement included a provision for potential reinstatement, you might have grounds to petition the court. If the termination occurred due to a temporary change in circumstances that has since reversed, you may be able to argue for reinstatement.
The burden of proof lies with the person seeking reinstatement. You must prove to the court why the reinstatement is necessary and justified. This often requires presenting detailed information and evidence of changed circumstances, such as job loss, serious illness or other unforeseen financial hardships.
The court will also consider the duration of the original alimony order and the time that has passed since its termination. In some cases, if too much time has elapsed, the court may be less inclined to reinstate alimony.
Obtaining legal guidance can make a difference in your case
Life after divorce can take unexpected turns. When resolving alimony-related matters, having a skilled attorney look into your case is always advantageous. Your attorney can help determine and pursue the most effective legal option to protect your financial well-being and provide peace of mind.