Modifying a Divorce After It’s Final

Modifying your divorce agreement after it’s finalized is possible in certain circumstances, but it can be difficult, time-consuming, and expensive. You can attempt to make changes later directly with your ex, or, you may be able to request a modification through the court. Property division is not typically modifiable through the courts. On the other hand, child support, alimony, and custody arrangements can be modified if there is a material change in your circumstances. Take the time to negotiate during your divorce proceedings so you get an agreement you can live with for the foreseeable future.

Divorce components that are often considered for future modification include:

Modifying a Divorce

Property Division

Once the division of assets and debts is finalized in a divorce, it’s generally non-modifiable. This means the court’s order dividing property is permanent, and you won’t have the ability to go back and request changes later. While the parties could voluntarily agree to changes outside of the court, that rarely happens. This finality highlights the importance of carefully negotiating and assessing property division during the divorce process. If you’re unhappy with the proposed terms, address your concerns during the proceedings.

Even in areas where changes are allowed, the process can be complex

Child Support

Unlike property division, child support can be modified under certain conditions. To the extent that there is a material change in circumstances, you can go back and try to modify child support upwards or downwards. Examples of meeting the threshold to request a modification include a change in someone’s income, a change in the needs of the child, or a change in the amount of parenting time that each parent is exercising. The court will evaluate the situation and determine if an adjustment is warranted.

Alimony

Alimony, or spousal support, can also be modified if there’s a material change in circumstances, such as job loss, a substantial salary increase or decrease, or an unexpected injury or illness. It is important to note that you can go back and attempt to modify the amount, but you cannot modify the term. For example, if alimony is set for five years and you want to ask for a change after two, you might be able to increase or decrease the amount, but you will still have three years left.

Custody & Parenting Time

Custody arrangements can be revisited if a material change in circumstances affects the child’s best interests, such as one parent not meeting their custody obligations. It is also possible to modify parenting time, like visitation days. Courts generally require at least a two-year gap between modifications in this area, unless there are exceptional circumstances.

Final Word

The decisions you make now regarding property division, child support, alimony, and custody will have lasting impacts. While some changes are possible, divorce agreements are difficult to modify, and the effort can potentially be time-consuming and expensive. Property division is final and cannot be revisited through the courts, but modifications to child support, alimony, and custody arrangements are eligible to be reviewed if your circumstances have significantly changed.

If you’re in the midst of divorce proceedings, it’s critical to address any concerns or disputes thoroughly and thoughtfully, rather than rushing to settle. By negotiating effectively and evaluating your options for litigation where necessary, you can help protect your financial future, maintain stability for your children, and avoid unnecessary legal challenges down the road.

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