Moving to a new state doesn’t automatically change what you pay for spousal maintenance. However, it may have an impact on your obligations if either you or your ex-spouse files a request in court to modify your divorce agreement.
What do courts consider?
In New York, you – or your ex-spouse – can petition the court to change your maintenance payments if circumstances have changed substantially since the original order. This may include:
- A significant change in either party’s financial situation
- Extreme financial hardship
- The recipient’s inability to support themselves
- Retirement of the paying spouse with major financial effects
If you and your ex-spouse settled on the payments in an agreement, it may be more difficult to change. You would need to show “extreme hardship,” which can mean a severe financial crisis that makes it impossible to meet basic living expenses or maintain a minimal standard of living.
This could include situations like a serious illness leading to substantial medical bills, loss of employment with no prospects of finding a new job or a sizable and unexpected increase in essential expenses. The court might also look at factors like changes in your income, new job opportunities or how much it costs to live where you are now.
What if you are moving out of state?
New York follows the Uniform Interstate Family Support Act (UIFSA), which provides guidelines for handling support orders across state lines. If you’ve moved out of New York, but your ex-spouse still lives there, New York still has jurisdiction over modifying the support order.
This means that you would need to file any petition for modification with the New York court that issued the original order, even if you now live in a different state. New York law would continue to apply to your case, regardless of your new residence.
Take the guesswork out of your move
Moving to a new state while managing spousal maintenance can be complicated. To ensure you’re fully informed about your rights and responsibilities, consider speaking with a family law attorney.