Almost as soon as the order for alimony is given the payer asks, “How can I change the amount of alimony?” Utah law says, “If there are substantial material changes in circumstances not foreseeable at the time of divorce, either party may petition the court for an order modifying alimony.” The question comes about what is a “substantial material change in circumstances?” Generally, this should include a substantial increase or decrease of income not of the fault of the payor.  The court may not modify alimony to address needs of the recipient that did not exist at the time the order unless there are special reasons for doing so. The court’s ” power to terminate [alimony] should be exercised with caution and only after full consideration of the circumstances of the parties . . . .” The Utah Supreme Court gave guidance in Williamson, “[for] the trial court to terminate [an] alimony award, there must be an articulated basis for doing so; i.e., the court must be persuaded that [the recipient spouse] will be able to support [him- or] herself at a standard of living to which [he or] she was accustomed during the parties’ marriage, or that [the payor spouse] is no longer able to pay. Williamson v. Williamson, 1999 UT App 219, ¶ 12, 983 P.2d 1103.

In order to change spousal support the petitioner must be able to show a substantial change of circumstances in which the income is less/more and their expense either were increased or stayed the same as when the order was made. The court will still have to consider whether the recipient spouse if they can support themselves and the payee is able to pay. When these to conditions are met the court may amend the spousal support order.