How do I request alimony modification in Connecticut?

Life is full of unexpected changes, and your financial situation after a divorce is no exception. If you're paying or receiving alimony in Connecticut, you might be wondering if those payments can be adjusted when circumstances shift dramatically. The short answer is yes, it is often possible to change your alimony order.

The legal process for this is called an alimony modification. In Connecticut, you can't just decide to change the payments on your own; you must get a new court order. To do this, you need to formally request a change from the court and prove that there has been a substantial change in circumstances since your original divorce decree was issued. This guide will walk you through what that means and how the process for an alimony modification in Connecticut works, so you can feel more prepared and in control.

Understanding the Basics of Alimony Modification

Before diving into the "how," it's important to understand the "what" and "why." Alimony, also known as spousal support, is designed to provide financial support to a lower-earning spouse for a period after the divorce. However, the court recognizes that life doesn't stand still. A job loss, a promotion, a serious illness, or retirement can completely alter the financial landscape that existed when your alimony was first calculated.

The legal foundation for changing an alimony order is found in Connecticut General Statutes (C.G.S.) § 46b-86(a). This law states that a final order for alimony "may, at any time thereafter, be continued, set aside, altered or modified by the court upon a showing of a substantial change in the circumstances of either party."

This "substantial change" is the key to any alimony modification in Connecticut. It can’t be a minor or temporary fluctuation in income. It must be a significant, ongoing change that makes the original alimony order unfair or improper under the new circumstances.

Can All Alimony Orders Be Modified?

This is a critical first question. While most alimony orders are modifiable, some are not. Your original divorce agreement or decree might contain specific language that prevents changes. C.G.S. § 46b-86(a) explicitly says that an order can be modified “unless and to the extent that the decree precludes modification.”

If your divorce decree states that your alimony is "non-modifiable," you generally cannot change it, regardless of any change in circumstances. It is essential to carefully review your divorce judgment with an attorney to see if this language exists in your case.

What Qualifies as a "Substantial Change in Circumstances"?

The court doesn't have a rigid checklist for what counts as a substantial change. It looks at the unique facts of each case. However, some common situations that may justify an alimony modification in Connecticut include:

• Involuntary Job Loss or Significant Decrease in Income: If the paying spouse loses their job or experiences a major, involuntary pay cut, this can be grounds to request a reduction or suspension of alimony.
• Significant Increase in Income: If the paying spouse gets a major promotion or a new job with a much higher salary, the receiving spouse may be able to request an increase in alimony. Likewise, if the receiving spouse's income increases significantly, the paying spouse may request a reduction.
• Retirement: The retirement of the paying spouse can be a basis for modification, especially if it was a standard, good-faith retirement and not an attempt to avoid paying alimony. The court will consider if retirement was anticipated in the original agreement.
• Serious Illness or Disability: A long-term illness or permanent disability that affects either party's ability to work and earn a living can be a substantial change.
• Cohabitation by the Receiving Spouse: This is a specific scenario addressed by Connecticut law. Under C.G.S. § 46b-86(b), if the person receiving alimony is living with another person, the court can "suspend, reduce or terminate" the alimony. However, it's not automatic. The court must find that the living arrangement has caused a "change of circumstances as to alter the financial needs of that party." Simply having a roommate is not enough; it must be a relationship that provides financial support or reduces the recipient's expenses.
• A Change in the Needs of Either Party: A significant and lasting change in the essential needs of either the paying or receiving spouse could also be considered.

It's important to remember that the change must not have been contemplated at the time of the original divorce. For example, if your divorce agreement already accounted for your planned retirement in five years, you likely can't use that same retirement as a basis for modification later.

A Step-by-Step Guide to Filing for Alimony Modification in Connecticut

If you believe you have grounds for a modification, you must follow a specific legal process. Here are the steps involved in requesting an alimony modification in Connecticut.

Step 1: Review Your Divorce Decree

Before you do anything else, find your original Judgment of Dissolution. Read the section on alimony carefully to confirm that it is, in fact, modifiable. If it says it is "non-modifiable," your path forward is very limited. If it doesn't say anything about being non-modifiable, it generally can be changed.

Step 2: Gather Your Financial Evidence

You need to prove the substantial change in circumstances. Start collecting documents that support your claim. This could include:

• Termination letters or proof of job loss.
• Recent pay stubs showing a change in income.
• Past and present tax returns.
• Bank and investment account statements.
• Medical records and bills related to an illness or disability.
• Proof of retirement (e.g., Social Security statements).
• Any evidence related to your ex-spouse's cohabitation or change in financial status.

Step 3: Complete and File the "Motion for Modification"

The official process begins by filing a "Motion for Modification" (Form JD-FM-174) with the Superior Court clerk in the judicial district where your divorce was finalized.

According to the Connecticut Practice Book § 25-26(e), your motion must clearly state:

1. The specific order you want to change (including the date it was issued).
2. The factual and legal reasons for the requested change (i.e., describe the substantial change in circumstances).

Be clear and concise. You will have the opportunity to present your full case at the hearing.

Step 4: Properly Serve the Motion on Your Ex-Spouse

You can't just mail the motion to your ex-spouse. You must ensure they receive it through proper legal service. This is typically done by a state marshal, who will deliver a copy of the filed motion to your ex-spouse. This formal step ensures the other party is officially notified of the court action and has a chance to respond.

Step 5: Exchange Financial Information

Both you and your ex-spouse will be required to exchange updated, sworn Financial Statements. Under Practice Book § 25-30, you must file this statement with the court at least five business days before the hearing. This form provides the judge with a complete and current picture of each party's income, expenses, assets, and debts.

Step 6: Attend the Court Hearing

The court will schedule a hearing where both sides can present their case. This is where you will submit your evidence and testify about why the alimony order should be changed. Your ex-spouse will have the same opportunity to argue against the modification.

The judge will listen to both sides, review the financial statements and other evidence, and then decide whether a substantial change in circumstances has occurred. If the judge agrees, they will issue a new court order with the modified alimony amount.

Important Considerations for Your Alimony Modification Request

Navigating the Connecticut alimony modification process involves a few key details that can significantly impact your case.

Retroactive Modification is Limited

This is one of the most critical aspects to understand. In Connecticut, an alimony modification is generally not retroactive to the date your circumstances changed. For example, if you lost your job in January but didn't file your motion until June, the court cannot go back and erase your alimony obligation for those past months.

However, there is a crucial exception. C.G.S. § 46b-86(a) allows the court to make the modification effective back to the date that the motion was legally served on the other party. This makes it vital to file your motion as soon as your circumstances change. Delaying can cost you thousands of dollars.

Attorney's Fees

Worried about the cost of hiring a lawyer? Connecticut law allows the court to order one party to pay the other's reasonable attorney's fees. According to C.G.S. § 46b-62, this decision is based on each party's financial ability and the same criteria used for awarding alimony. If you are found in contempt for not paying alimony, C.G.S. § 46b-87 allows the court to award attorney's fees to the person who had to file the contempt motion.

Mediation and Agreements

You and your ex-spouse can always try to reach an agreement on your own, which is often faster and less expensive than a contested court battle. You could use a mediator to help facilitate these discussions (C.G.S. § 46b-53a). However, any private agreement to change alimony is not legally enforceable until it is submitted to the court in writing and approved by a judge, who will ensure it is "fair and equitable" (C.G.S. § 46b-66).

Frequently Asked Questions About Alimony Modification in Connecticut

Here are answers to some common questions about changing alimony payments in CT.

1. Can I just stop paying alimony if I lose my job?

No. You must continue to follow the existing court order until a judge officially modifies it. If you stop paying without a new order, you can be found in contempt of court, which can lead to serious penalties. File a motion for modification immediately after losing your job.

2. What if my ex-spouse remarries?

In most cases, the obligation to pay alimony automatically terminates upon the remarriage of the receiving spouse. You should still check your divorce decree for any specific language, but this is a common trigger for ending alimony payments.

3. How long does an alimony modification take in Connecticut?

The timeline varies greatly. If you and your ex-spouse agree on the change, it can be finalized relatively quickly once the paperwork is approved by a judge. If it's a contested matter, it could take several months to get a hearing date, depending on the court's schedule. The new "Pathways" case management system (Practice Book § 25-50A) aims to streamline this process.

4. Is my alimony automatically modified when I retire?

No, it is not automatic. Retirement can be a valid reason for an alimony modification, but you must file a motion and prove to the court that your retirement constitutes a substantial change in circumstances that warrants a change in the alimony order.

5. What if my income goes up? Can my ex ask for more alimony?

Yes. A substantial change in circumstances works both ways. If the paying spouse's income increases significantly, the receiving spouse has the right to file a motion requesting an upward modification of the alimony award.

6. Can we agree to modify alimony without going to court?

You can agree on the terms outside of court, but to make it legally binding, you must submit your written agreement to the court for approval. A judge will review it and, if it's fair, incorporate it into a new court order. Without this step, your informal agreement is not enforceable.

7. What if my ex is living with someone? Does that automatically end alimony?

No, it does not. As stated in C.G.S. § 46b-86(b), the court must find that the cohabitation has altered the receiving party's financial needs. You must file a motion and prove this financial impact to the court before alimony can be modified or terminated.

Getting Help with Your Alimony Modification Case

Changing a court order is a formal legal process with strict rules and deadlines. While you can represent yourself, the complexities of proving a substantial change in circumstances and navigating court procedures can be challenging.

Consulting with an experienced Connecticut family law attorney is highly recommended. An attorney can review your divorce decree, advise you on the strength of your case, help you gather the necessary evidence, and represent you in court. They can ensure your paperwork is filed correctly and that you don't miss critical deadlines, especially regarding the retroactivity of the modification.

For more information on forms and court procedures, you can visit the Connecticut Judicial Branch website.

Conclusion

Life after divorce is rarely static. If your financial situation or your ex-spouse's has changed significantly, seeking an alimony modification in Connecticut may be the right step. Remember the key takeaways: your alimony order must be modifiable, you must prove a substantial change in circumstances, and you must act quickly by filing a motion with the court to protect your rights. This process can feel overwhelming, but by understanding the steps and seeking the right help, you can navigate it with confidence and work toward a financial arrangement that is fair and realistic for your life today.