Partner
Life doesn’t stand still after divorce. Jobs change, people relocate, health conditions come up, and new relationships form. When these shifts happen, your original spousal support agreement may no longer feel fair—or financially possible. If you’re wondering whether you can adjust that agreement, the answer is yes, and we’re here to help you understand how it works under Massachusetts law.
Common Reasons for Modifying Spousal Support
Massachusetts courts understand that circumstances can change. If your current spousal support (alimony) arrangement no longer makes sense based on what’s happening in your life or your former spouse’s, you may be able to request a modification. Some of the most common reasons people seek a change include:
- Job loss or income change. If you’ve lost your job, taken a pay cut, or your former spouse’s income has increased significantly, that may be grounds for a modification.
- Health issues. A serious illness or long-term disability can affect your ability to pay or your need for continued support.
- Retirement. When someone retires, their income often drops, which can justify reducing or ending support payments.
- Remarriage or cohabitation. If your former spouse remarries or lives with a new partner, support may no longer be necessary.
- Significant financial hardship or gain. This includes major losses or, on the flip side, coming into an inheritance or large financial award that produces income.
Every case is different. What matters most is whether the change in your circumstances is substantial and ongoing.
How the Process Works in Massachusetts
To change your spousal support order, you must file a Complaint for Modification with the Probate and Family Court. You’ll need to show that there has been a substantial and material change in circumstances since the original order was entered.
This process applies whether you’re looking for a temporary change (for example, during a period of unemployment) or a permanent one (such as after retirement). The court doesn’t automatically grant requests, so it’s important to present clear and relevant documentation to support your claim.
Keep in mind:
- If your original agreement was approved by the court, you’ll need a judge to sign off on any changes.
- If your agreement was informal and never filed with the court, modifying it without court involvement could leave you unprotected in the future.
We can help you file the proper paperwork and represent you in court if your former spouse objects or if a hearing becomes necessary.
Can We Agree to Changes Outside of Court?
You and your former spouse can try to work things out together, and in some cases, that can lead to a smoother and less stressful resolution. However, if you don’t put that new agreement in writing and submit it to the court for approval, it won’t be legally enforceable. This means you could still be held to the original support order if your former spouse changes their mind.
Informal changes, even when made in good faith, don’t offer protection for either party. That’s why, even when things are amicable, it’s wise to formalize any support changes through the court. We can help draft and file your modified agreement to ensure it’s legally valid and enforceable.
What If My Former Spouse Doesn’t Agree?
You don’t need their approval to move forward with a modification request. If your former spouse refuses to cooperate or contests your claim, the court will decide based on the facts and the law.
We’ll help you:
- Gather and organize your financial records
- Prepare the strongest case possible
- Represent you during hearings and negotiations
It’s important to act quickly, especially if you’re facing job loss, medical bills, or other serious challenges. Waiting could mean falling behind on payments or missing the opportunity to adjust your support in a timely way.
How We Can Help You Modify or Challenge Support
Whether you’re the one paying or receiving support, we can help you understand your rights and next steps. At LaFountain & Wollman, P.C., we’ll review your current order, talk through your situation, and help you decide whether filing a modification is appropriate.
If you’re seeking to reduce your payments, we’ll help you present a strong case to the court. If you’re concerned about losing support you depend on, we’ll help you protect what you’re entitled to under the law.
Take the First Step Toward Relief
You don’t have to keep struggling under an outdated spousal support order. A lot may have changed since your divorce, and your support agreement should reflect that. If you’re ready to update your spousal support or have questions about your options, we’re here to help. Contact LaFountain & Wollman, P.C., today to schedule a consultation. Let’s work together to get things back on track.