Is it Possible to Modify the Terms of a Divorce Agreement?
In this video, Attorney Brian Freeman discusses modifying divorce agreements for extended circumstances. Contact one of our experienced divorce attorneys in New Jersey to guide you through the process.
Parties often ask me – either during the divorce process or after they’ve been divorced – “Can we modify the terms of a divorce judgment or property settlement agreement?” Generally, the answer is no. If it is possible, it’s very difficult, and you would have to show extenuating circumstances. For example, I had a client who had agreed to pay a specific amount of alimony. Later, that client became ill with multiple sclerosis which, obviously, made it impossible for him to earn the same amount of income that he had earned at the time the agreement was entered into. A court can change some of the provisions of a property settlement agreement or judgment of divorce, however, when exceptional circumstances such as the inability to pay – which can require a high standard to show – actually do exist.