Unless excluded expressly to Court modification, either party may petition the Court for an increase or decrease in the amount of an alimony award as circumstances and justice require.
Extension of Alimony
Unless excluded expressly to Court modification, a petition for an extension of alimony may be filed prior to the end of the term of alimony. If not timely filed, alimony expires at the end of its term. If a petition is timely filed, the award of alimony may be modified as to amount and term, for example from term (i.e., rehabilitative) to indefinite.
Modification and Extension Require a Substantial Change in Circumstance
The applicant must present a case that shows, by reason of a substantial change in circumstances, that the basis for the extension is not the same as the basis for the original award. The change must be material or substantial and the applicant must prove that circumstances have arisen during the alimony period that if left unmodified, or if alimony is not extended, a harsh and inequitable result will occur.
Termination of Alimony
Alimony terminates upon the death of either party, the marriage of the recipient, or the Court finds that the termination is necessary to avoid a harsh and inequitable result.
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