Pile of dollars with word alimony on a stick

Can Alimony Be Modified After a Divorce in Connecticut? 

Pile of dollars with word alimony on a stick

Yes, alimony can be modified in Connecticut under specific circumstances. However, the process and the grounds for modification are clearly defined by state law. The finalization of a divorce decree in Connecticut marks a significant turning point, but it does not necessarily mean that all financial arrangements are set in stone forever. 

At Darius Law Group, LLC, our Connecticut divorce attorneys can help you with post-decree alimony modifications. Schedule a meeting to learn more about how we can help in your individual circumstances. 

The Original Alimony Order

To understand modification, it’s essential to first consider the initial alimony order established during the divorce proceedings. Connecticut courts can award alimony based on various factors outlined in Connecticut General Statutes § 46b-82, including:

  • The length of the marriage.
  • The causes for the dissolution of the marriage.
  • The age, health, station, occupation, earning capacity, vocational skills, and employability of each of the parties.   
  • The amount and sources of income, including but not limited to income derived from employment, wages, interest, dividends, annuities, self-employment, social security, and pensions.
  • The needs and financial resources of each of the parties.
  • The contribution of each of the parties to the acquisition, preservation, or appreciation of marital property.
  • The opportunity of each party for future acquisition of capital assets and income.

The original alimony order will specify the amount of alimony, the duration (which can be for a specific term or indefinite), and any conditions that might affect its continuation or modification.

Grounds for Alimony Modification in Connecticut

Connecticut law allows for the modification of alimony orders under specific circumstances, primarily focusing on a substantial change in circumstances that was unforeseen at the time of the original decree. This means the change must be significant and not something the parties reasonably anticipated during the divorce proceedings.

Common examples of a substantial and unforeseen change in circumstances that may warrant alimony modification include:

  • A significant change in income
  • Remarriage of the recipient
  • Cohabitation of the recipient
  • Serious illness or disability
  • Retirement

The Modification Process

To modify an alimony order in Connecticut, the party seeking the modification must file a motion for modification with the court that issued the original divorce decree. This motion will outline the substantial change in circumstances that warrants the modification.

The court will then hold a hearing where both parties will have the opportunity to present evidence and testimony regarding the alleged change in circumstances. The judge will carefully consider the evidence presented and apply the relevant Connecticut statutes and case law to determine whether a modification is warranted.

Important Considerations in Modifying a Divorce decree

judge's gavel and a wad of dollars
  • Foreseeability: The change in circumstances must have been unforeseen at the time of the original divorce decree. Events that were reasonably anticipated generally will not be grounds for modification.
  • Substantiality: The change in circumstances must be significant and have a material impact on the financial situation of either party. Minor fluctuations in income or living arrangements are unlikely to warrant modification.
  • Burden of Proof: The party seeking the modification bears the burden of proving that a substantial and unforeseen change in circumstances has occurred.
  • Agreements: If the original divorce decree included a non-modifiable alimony agreement, the court may be limited in its ability to alter the terms, even if a substantial change in circumstances has occurred. It is crucial to understand the specific language of your divorce decree.

Get Help with Post-Decree Alimony Modifications

Navigating the complexities of alimony modification in Connecticut requires a thorough understanding of state law and court procedures. Whether you are seeking to modify an alimony order or are facing a motion for modification, it is essential to consult with an experienced Connecticut divorce attorney. 

Our team at Darius Law Group, LLC can help you with a Connecticut alimony modification. Contact us today for a consultation.