Question: My ex is earning more than when we divorced. Can I have my alimony increased?
The short answer is maybe. In general, in order to justify an increase in alimony, the receiving former spouse must show:
1. a substantial change in circumstances,
2. that the change was not contemplated at the time of the Final Judgment,
3. that the change is sufficient, material, permanent and involuntary.
Additionally, the substantial change must bear on either the recipient’s need for alimony or the paying spouse’s ability to pay.
So, essentially, in order for your alimony to increase, there must be an analysis of your need for additional alimony and your ex husband’s ability to pay additional alimony.
You do not get additional alimony just because he is making more money. You must show an increased need for the additional alimony AND he must have the ability to pay more.
