Learn More>>Alimony>>Modification

The general rule is that after a decree of divorce is final and the term of court has expired, neither party or the court can modify the terms of the decree. As with any general rule, there are exceptions. With repsect to alimony, if the income or financial status of the parties changes, a modification action is the exclusive remedy for the injured sposue. Additionally, if a former spouse is voluntarily "cohabitating continuously and openly with a third party in a meretricious relationship", an alimony order can be modified. Also, it is possilbe for the parties to agree to allow the court to reserve jurisdiction in order to modify an alimony award if it was agreed upon at the time the divorece decree was issued. There must not have been a verdict by a jury, rather, for the judge to reserve jurisdiciton to modify alimony payments, it must have been incorporated into an "agreement" between the parties.