What You Need to Know About Spousal Support Modification Before You Sign A Property Settlement Agreement
As a Fairfax, VA family law attorney, my clients often inquire about spousal support modifications. Frequently, they were ordered to pay spousal support by a family court judge, or the divorced parties had once agreed on an alimony figure that they believed was reasonable at the time, but now feel is excessive or inadequate (depending on their perspective). Many individuals seeking a divorce in Fairfax County want to avoid costly litigation, so they attempt to negotiate all of the terms of their divorce issues and draft a property settlement agreement which incorporated all their issues including a resolution of spousal support/alimony. While this seems reasonable and usually helps to avoid a protracted court battle, there are a few things of which divorcing spouses should be aware with regard to spousal support and modifications.
To begin with, if both parties negotiate and agree on terms for spousal support, and those conditions are included in the property settlement agreement, unless there is a provision in that document to allow for later adjustment, it will be impossible for either party to obtain a modification. Contractual spousal support/alimony is non-modifiable unless otherwise stated in the contract. Consequently, if you are signing a property settlement agreement—particularly if you are the one who will be paying spousal support—it would benefit you to have your divorce lawyer insist on specific language allowing for modification.
However, this is not the case if a Fairfax County or other Virginia judge has ordered the payment of spousal support/alimony. If the support was ordered by the court, either the supporting or dependent ex-spouse can ask for a modification based on a substantial change in circumstances.
So, what does this mean if you and your attorney are negotiating a property settlement agreement? If you are the party who will be paying spousal support, you need to insist on a re-opening clause with regard to the terms of the spousal support/alimony. If the opposing lawyer refuses to include language allowing the modification of spousal support at a later time, your family law attorney will probably advise you to fight the request for spousal support/alimony in court. If, in the end, a Fairfax County judge orders you to pay spousal support, you will at least have the ability to seek modification at a later time, should the circumstances substantially change.
Virginia Divorce and Family Law Attorney Claudia Zucker
Do you need a family law attorney? Do you have questions about what you need to know about spousal support modification before you sign a property settlement agreement in a Virginia divorce? We invite you to contact us today at (703) 596-1005. We're always just a phone call away.
