Can Alimony Be Modified Based On A New Spouse’s Income?

mens divorce lawyer William BackerQuestion:

The man I am dating pays lifetime alimony to his ex-wife. I earn a large salary, substantially more than he does.

If we were to get married, could she request more alimony from him?

Can alimony be modified based on a new spouse’s income?

Answer:

I am only licensed to practice law in Missouri so I am unable to give you legal advice on divorce in your state. I can give general divorce help for men, though.

In Missouri, where I practice, the law specifically provides that in a proceeding for modification of a maintenance judgment, the court shall consider all financial resources of both parties, including the extent to which the reasonable expenses of either party are, or should be, shared by a spouse or other person with whom he or she cohabits.

Therefore, under Missouri law, if your prospective spouse’s ex-wife requests the court to modify the maintenance judgment and you are married to him, the court would most definitely consider your income as a factor.

You should also note the language provides that even if you are not married to him, but you live with him, the fact that the two of you may share living expenses can be considered as a reason to modify the alimony judgment.

In the event that the ex-wife files a motion to modify the maintenance judgment, you should consult with an attorney that is licensed to practice in your state and is experienced in handling domestic litigation matters.

Remember, I have only provided you with general information, not financial advice on divorce.

To schedule an appointment with a Cordell & Cordell attorney, including William F. Backer, an Associate Attorney in the Arnold, Missouri office, contact Cordell & Cordell.

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One comment on “Can Alimony Be Modified Based On A New Spouse’s Income?

    Alimony
    I am about to retire and will be seeking a modification to my alimony payments, divorce was in Florida. Now this is just one issue. The other issue is I am getting remarried ( now living in Missouri). My wife to be does not have a large sum of assets and she is retired, she will be 65 when we marry….Is there any way we can protect her assets from being entangled in the alimony modification request. I am certainly in a position to pay for all of our living expenses at this time, while I am working.

    My current alimony payments are $72,000 per year. So once I retire I am seeking to have the alimony either reduced or eliminated.

    Jim McCarthy
    302-740-0259

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