Spousal Support Modifications Process

In some circumstances, an existing award for spousal support (also known as spousal maintenance or alimony) can be modified. The steps involved in seeking a spousal support modification are as follows.

Step 1: Filing a Petition for Modification

Modifying spousal support in Virginia begins by filing a petition with the court. Either party involved in the original spousal support order can submit this request. The petition must clearly explain the reason for the proposed change, which might include changes in income, unemployment, retirement, or other significant life events.

It is crucial to complete the petition correctly and submit it to the appropriate Virginia court. Hiring an experienced family law attorney can ensure you follow the proper procedures and meet necessary deadlines. This initial filing is the foundation for your case, so clear and accurate details are vital.

Step 2: Providing Evidence to the Court for Support Adjustments

After filing the petition, the next step is providing supporting evidence to justify the modification. Virginia courts require “clear and convincing evidence” or a “material change in circumstances” to grant adjustments to spousal support. Possible scenarios include cohabitation or remarriage, significant income changes or retirement. 

This phase often involves compiling documents like tax returns, pay stubs, proof of cohabitation or remarriage, medical records or retirement account statements. Your attorney will help you gather relevant evidence and present it persuasively before the court.

Step 3: Court Decision on the Modification Request

Once the petition and evidence have been reviewed, the court will hold a hearing to make a decision. During this hearing, both parties can present their arguments through legal representation. The judge will evaluate the case based on factors outlined in Virginia law, including the financial needs of each party, the earning capacity of the individuals and the terms of the original support agreement.

The court’s decision may result in an increase, decrease or termination of spousal support payments. If the judge determines that the requesting party has met the burden of proof, they will issue an order reflecting the modifications to the original terms.

Step 4: Mediation, If Necessary

If the parties involved are unable to reach an agreement or wish to avoid the stress of court proceedings, mediation might be a viable alternative. Mediation involves working with a neutral third party who helps facilitate negotiations between both sides. During mediation, both parties can discuss their concerns and propose compromises in an informal setting. While the mediator does not make binding decisions, this process often leads to mutually agreeable resolutions. Mediation can save time, reduce costs and help preserve amicable relationships between the parties. Having an attorney by your side during mediation is strongly recommended to ensure your rights are protected and any agreement aligns with your best interests.

Step 5: Submitting the Final Agreement or Court Order

The final step in modifying spousal support is documenting the new terms and ensuring they are legally binding. If an agreement was reached during mediation, it must be submitted to the court for approval. Alternatively, if the court has issued a decision after a hearing, the terms will be reflected in a formal written order. This final agreement or court order will replace the previous spousal support terms, making it enforceable by law. Both parties are required to adhere to the new arrangement.