Life changes, and sometimes those changes can affect your finances or your ability to meet the terms of your spousal support order. What once felt fair may no longer make sense if your income, health, or family circumstances have shifted.
If this sounds familiar, you might be wondering whether you can modify your existing order. The good news is that, in Virginia, the law allows you to request a modification when certain conditions are met.
Below, we explain when a modification may be possible, what the process involves, and how a Virginia Beach spousal support lawyer at The Law Office of Laura L. McQuesten can help you move forward with clarity and confidence.
Legal Foundation: When Modification Is Allowed in Virginia
In Virginia, a court may change a spousal support order if there has been a material and substantial change in circumstances since the original order was entered. The goal of the law is fairness, ensuring that your support arrangement continues to reflect your present situation, not just your past one.
Under Virginia Code § 20-109, a judge may increase, decrease, or terminate spousal support when those circumstances justify it. The law specifically provides that certain life events, such as cohabitation for one year in a marriage-like relationship, remarriage, or reaching full retirement age, can qualify as material changes.
Courts look at several important factors when deciding whether a change is appropriate:
- Material change: The difference in circumstances must be significant, not just a small fluctuation. A major change in income, employment, or health often qualifies.
- Unforeseen circumstances: The change should not have been reasonably anticipated when the original order was created.
- Ongoing nature: The change must be lasting or expected to continue, not temporary.
When reviewing your request, the court will compare your current circumstances to those that existed when the order was first entered. Judges must also make written findings that explain their reasoning under Virginia law, ensuring that each decision reflects fairness and proper application of the legal factors.
In doing so, the court must reference the same factors it considered when support was first awarded, maintaining consistency with Virginia’s statutory framework. Not every change will qualify, but the clearer your documentation and explanation, the stronger your case will be.
Common Reasons to Request a Modification
Every family’s situation is different, but there are several common reasons people seek to modify spousal support in Virginia:
- Job loss or significant reduction in pay that affects your ability to continue making payments.
- Serious illness, injury, or disability that limits your capacity to work or earn income.
- Substantial change in income for either spouse.
- Remarriage or cohabitation of the spouse receiving support, which can alter financial need.
- Retirement or reaching full retirement age, which Virginia law recognizes as a potential material change in circumstances.
- Changes in child custody or child support obligations that shift each party’s responsibilities.
- Increased cost of living or financial hardship when paired with other major changes.
Before you file, it’s essential to review your existing order or agreement carefully. Some support agreements include non-modification clauses, meaning the court cannot change the terms unless specific exceptions apply. If you are unsure whether your order allows modification, it’s wise to have an attorney review it first.
In Virginia, these clauses must be expressly written and unambiguous to prevent later modification; otherwise, the court may still have authority to adjust support under state law.
Process for Seeking a Modification for Alimony / Spousal Support
While every case is unique, the process for seeking a modification in Virginia generally follows these steps.
Step 1: Evaluate Your Situation
Before filing, take time to determine whether your change in circumstances meets the legal standard. Ask yourself:
- Is this change substantial and ongoing?
- Does my current order allow for modification?
- Do I have documentation that supports my situation, such as pay stubs, tax returns, or medical reports?
- Are there other related issues, such as custody or child support, that could impact the case?
If the answer to these questions supports your position, you can begin preparing your petition.
Step 2: File a Petition for Modification
You or your attorney will file a Petition for Modification or Motion to Modify in the appropriate Virginia court. The petition or motion should include:
- A clear explanation of how your circumstances have changed.
- A specific request, whether to increase, decrease, or terminate support.
Because local courts may have specific requirements or forms, working with a lawyer familiar with Virginia family courts can help ensure that your petition is complete and properly filed.
Step 3: Notify the Other Party
The other party must be formally served with your petition or motion. Sometimes, they have a set period to respond. Their response may agree with your request, oppose it, or include their own motion for adjustment.
Step 4: Exchange Financial Information
This stage, called discovery, is a crucial part of the process. Both parties exchange information about their financial circumstances, such as:
- Pay stubs, W-2s, and tax returns
- Bank statements, investment records, and debt information
- Medical or employment documentation if health is a factor
- Evidence of cohabitation or changes in living arrangements
Being honest and thorough during this phase helps the court see your request as credible and fair.
Step 5: Attempt Mediation or Negotiation
Many modification cases can be resolved through mediation or negotiation before going to a hearing. This process gives both parties the chance to reach an agreement that reflects their current needs without the stress of a full trial.
Attorney Laura L. McQuesten, a certified mediator and Virginia Beach family law attorney, helps clients approach this step constructively. Mediation often saves time, reduces costs, and helps preserve a cooperative relationship between former spouses.
Step 6: Attend the Court Hearing (If Needed)
If you and your former spouse cannot agree, the case will move to a hearing. During the hearing, each side presents evidence, testimony, and arguments. The judge considers how the new facts fit within Virginia’s legal framework for spousal support and then makes a decision based on fairness and need.
Step 7: Receive the Court’s Ruling
After reviewing all the evidence, the judge will issue a decision to grant, deny, or modify your spousal support order. If the order is changed, it will include the new payment amount, start date, and any future conditions. Once entered, this new order becomes legally binding.
Tips to Strengthen Your Case
Here are a few key ways to make your request as persuasive as possible:
- Wait until the change is clear and ongoing. Courts are more likely to approve a modification when the new circumstances are stable and well-documented.
- Be completely transparent. Providing honest, complete financial information builds trust and credibility.
- Connect the facts to the law. Clearly explain how your situation affects your ability to pay or your need for support.
- Prepare for opposition. Be ready to address arguments that your change was voluntary or temporary.
- Show that the change is lasting. Courts prefer to see evidence that your new situation is not short-term.
- Consider related financial obligations. The court will likely look at your full financial picture, including any child support or custody changes.
How The Law Office of Laura L. McQuesten Can Help
At The Law Office of Laura L. McQuesten, PLLC, we understand that revisiting a spousal support order can be stressful and emotional. When you work with us, you can expect personal guidance every step of the way.
Here’s how we help:
- Direct involvement from Attorney Laura McQuesten. You’ll receive personal attention and consistent communication directly from Laura throughout your case, ensuring that your concerns are heard and your goals are prioritized.
- Strategic evaluation. We assess whether a modification is appropriate and when the timing is right to file.
- Organized documentation. We help you gather, organize, and present strong evidence to support your case.
- Negotiation and mediation support. Laura’s training as a mediator can often lead to resolutions without a trial.
- Courtroom representation. If your case requires a hearing, we advocate for you with preparation and poise.
- Clear communication. You’ll always know where things stand, what comes next, and what to expect.
If your circumstances have changed and you believe your spousal support order no longer reflects your reality, we’re here to help. Call 757-720-7516 or fill out our secure online contact form to schedule a consultation. We typically respond within 24 to 48 hours.
Take the Next Step with a Virginia Beach Spousal Support Lawyer
A spousal support order should reflect your life as it is today, not how it was years ago. When your circumstances change, you deserve the chance to seek an adjustment that feels fair and sustainable.
With preparation, evidence, and the right legal support, you can approach the court with confidence and clarity.
At The Law Office of Laura L. McQuesten, PLLC, we’re here to help you protect your financial future and move forward with peace of mind.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.