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Find out if you are eligible to change your alimony

You can find out if you are eligible to change your alimony here.

After a divorce, you may ask for a change in the amount of alimony you are paying or receiving, or in the length of time that alimony is paid. There are two main reasons you may ask for a change:

  1. There has been a “material change” in the financial circumstances of you or your ex-spouse, the person receiving alimony has died, or the person receiving the alimony has remarried or is living with a partner.
  2. Your alimony was awarded before the law changed in 2012 and it requires you to pay alimony for a longer period of time than you would under the new law. Alimony laws were significantly changed in 2012. The new law, St. 2011, Ch. 124 created four different types of alimony, as well as adding the length (duration) of marriage as a factor in how long alimony must be paid. The law anticipated many people seeking changes (modifications) of alimony due to a difference between how long they should be paying alimony under the new law and how long they were required to pay alimony before the new law was passed. As a result, a time frame is included outlining when alimony payers may file for modification depending on how long they were married.

If you are asking for a change only because your current alimony judgment requires you to pay alimony for a longer period of time than the new law would, you must follow the following time limits:

  1. If you were married to the person to whom you are paying alimony for 5 years or fewer, you may file a modification action on or after March 1, 2013.
  2. If you were married to the person to whom you are paying alimony for 5 - 10 years, you may file a modification action on or after March 1, 2014.
  3. If you were married to the person to whom you are paying alimony for 10 - 15 years, you may file a modification action on or after March 1, 2015.
  4. If you were married to the person to whom you are paying alimony for 15 - 20 years, you may file a modification action on or after September 1, 2015.
  5. Or: If you will reach full retirement age on or before March 1, 2015, you may file a complaint for modification on or after March 1, 2013.

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