Alimony


#1

Is there any good reason not to make your alimony settlement as part of a consent order of the court? I asked for that and my attorney advised against it, why? He said it couldn’t be modified later on if that was done, but now he has dismissed my claim for alimony after we signed a settlement. Could I ask the court to modify alimony later, if needed, say I get disabled etc?


#2

Oftentimes alimony is resolved in a separation agreement versus a court order for confidentiality reasons.

Alimony can be modified in a court order if there is a showing of a substantial change in circumstances. Alimony can be modified in a separation agreement upon consent by both parties unless there is a provision in the agreement that specifically says that alimony is non-modifiable.

Since your alimony issue has been settled in a separation agreement, it could be modified in the future if your ex-spouse agrees to it. Sometimes separation agreements will contain paragraphs about what to do if the payor of alimony becomes disabled or otherwise loses their income. You would not be able to ask the court for it since the alimony resolution is contained in a separation agreement (contract).