How to reduce alimony


#1

I own my own business. I have had to reduce my salary by 50%. Will likely have to close office and work from home in near future. My ex does not work, although is perfectly able. Sometimes substitute teaches, but has refused to look for full time work. I paid for her to complete a nursing degree which she quit right before taking the boards. Although I have some rental income, alimony takes about 80% of the salary from my business.

We have 3 kids: one college grad on her own now and twin 16-year old boys we co-parent (week on, week off.) I do not pay child support, but I do pay all education, medical, dental and insurance for all 3 the children.

Can I reduce my alimony under these circumstances without being in breach of contract, which vaguely states alimony for life or cohabitation, etc.?

Thank you so much.


#2

If your alimony obligation is spelled out in a Separation Agreement it is non-modifiable. If you cease paying or reduce the amount your ex can sue you for breach of contract. You may be able to successfully defend the claim with a defense of impossibility, however your ex’s earning capacity is irrelevant in these circumstances as your obligation is contractual.