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Alimony Modifications
Can Alimony be Reduced/Increased After Divorce?
One common question we are often asked is if alimony can be changed after the final order comes down in a divorce. The answer is yes. Georgia law allows the modification of alimony for two reasons:
- Based on a change in the income or financial status of either former spouse; or
- Where the former spouse who receives alimony is voluntarily cohabitating - openly and continuously - with a third party in a sexual or romantic relationship.
If one of the two situations above takes place, you may file a petition to modify alimony. It is important to make sure you support your petition with evidence of the change in income or financial status or evidence of the romantic cohabitation. The latter situation is referred to as the "live in lover" law. The "live in lover" law essentially means that if the receiving souse is living with a third party and engaging in a sexual relationship with that third party, the paying spouse may request a downward modification of alimony payments.
“Live in Lover Law” & Alimony Modifications
The "live in lover" law in Georgia is one of the recognized grounds for modification of alimony. In Georgia, if there is voluntary cohabitation of the party receiving alimony with a third party in a meretricious relationship, then such cohabitation shall be grounds to modify provisions made for periodic payments of permanent alimony for the support of the former spouse. The statute goes on to define the word "cohabitation" as dwelling together continuously and openly in a meretricious relationship with another person, regardless of the sex of the other person. Essentially, this means that if the receiving spouse is living with a third party and engaging in a sexual relationship with that third party, the paying spouse may request a downward modification of alimony payments.
Getting Attorney’s Fees in Alimony Modifications
In alimony or spousal support modification cases, the court presiding over the matter may award attorney's fees, court costs and other expenses of litigation to the party who ultimately prevails in the matter. Note that the award of attorney's fees is within the discretion of the presiding judge, which means that the judge will award attorney's fees if the interests of justice require such an award. Keep in mind that In some alimony modification cases, the judge may decide to order the paying spouse to pay the legal fees of the receiving spouse. If the alimony modification action is filed or initiated by the obligated or paying spouse, the judge may require the obligated spouse to pay the attorneys' fees, or the reasonable expenses of litigation incurred by the recipient spouse, who is forced to defend against the alimony modification action.
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