Can Spousal Support Be Modified After Divorce or Dissolution? Maybe Not According to A Recent Case!
Can you modify spousal support after the divorce or dissolution? A recent case in Ohio’s 10th Appellate District has an interesting twist (Piliero v. Piliero, 2011-Ohio-4364), using a 5 prong approach to answer this question:
1. Did the Decree expressly reserve Jurisdiction?
2. Did a substantial change of circumstance occur?
3. Was this change NOT contemplated at the time of the original decree?
If all three elements invoke a YES answer, then the next prongs are:
4. Is spousal support still necessary?
5. In what amount?
If testimony indicates that the change of circumstance (#3) WAS contemplated at the time of the original divorce or dissolution decree, then the court can rule that the support cannot change, despite the language in the decree stating that it would be modifiable upon a substantial change of circumstance. Before you enter into an Agreed Divorce or a Dissolution, it is imperative to have an attorney carefully draft this language.