Is it possible to get one's permanent alimony reduced or eliminated
under Virginia divorce law, if the original amount was agreed to as
part of a vountary settlement agreement?

I was divorced in VA in 1981 and have been paying alimony ever since.
Such alimony was defined as "permanent," meaning that it would cease
only if my wife were to remarry or die. My lawyer at the time, who is
still alive and practicing in her late 70s, has repeatedly told me
that no court has jurisdiction to modify or set aside alimony that was
set pursuant to a voluntary settlement agreement. Stated otherwise, a
court would be able to do so only if a) both parties would agree to
the change OR b) the alimony amount had been contested at the outset
and a judge had decreed the amount.

Has there been any change in VA divorce law that would now enable me
to pursue a court-ordered cessation or reduction in the amount I pay
my ex-wife?

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Clarification of Question by nautico-ga on 11 Sep 2003 06:47 PDT

In first para, third line, change "vountary" to "voluntary." (Typos drive me nuts!)

I'm not an expect in the area; however, I can provide some information
you may want to discuss with your lawyer (or possibly a new one).

First off, if the divorce called for "permanent support", that is not
alimony.  If permanent support was agreed upon, it still may be
changed or ceased if:
1. your ability to pay, or
2. her needs change significantly.

This information was obtained from findlaw.com, courtesy of the
American Bar Association.
Link: http://public.findlaw.com/family_law/divorce/newcontent/flg/ch3/st4/st45/qa4.html?newcontent/national

Alimony on the other hand is better defined as "spousal support".  It
would be paid under circumstances where the spouse has fewer financial
resources.

I hope this information is of use to you.

jefros

Terms like "permanent support" and "spousal support" have no precise
meaning unless they can be related directly to the settlement
agreement at issue and the laws of the particular state (in this case
VA) in which the agreement was signed and the divorce decreed. My
settlement agreement contains no reference to either term, but simply
states that a specific alimony payment will continue until "the wife
dies or remarries." The only operative issue here is whether any court
has jurisdiction to modify an agreement that the parties arrived at
voluntarily. I'm afraid I would have to have an answer that would cite
authoritatively any changes to VA family law made between 1981 and
2003 permitting such judicial intervention. Perhaps this is outside
the scope of Google Answers.

Perhaps, but again I am not doing this for money, just saw your
question and wanted to look into it a bit.

Perhaps more informationi regarding your situation would help.  How
old are you now?  Has there been a change in your life that is
reducing the amount you are able to pay to your former spouse?  Also,
does your former spouse now live with another individual?

My mistake. I erroneously assumed you were a GA researcher. I am 63,
as is my ex-wife. She has not re-wed nor is she living with anyone.
And yes, my financial situation has changed such that the alimony
requirement has become increasingly onerous. Again, though, the issue
here is not one of a lessened ability to make the payments, but one of
court jurisdiction over parties to a voluntary settlement agreement.

Personally, I would talk to a few general practive lawyers to obtain
their recommendations on the best lawyers with trial experience in
divorce, alimony, and as an assumption: retirement benefits.  See if
your lawyer is just missing something.  In my review of material
available on the Internet, I've come across several sites which advise
that alimony can be reduced by the courts.  The justification has been
that the agreements were enterred into there is an assumption of
continued employment.

Just a few more thoughts.

I found the answer to my question at the following site:

http://www.divorcelawinfo.com/VA/chsupport/alim2.html#6

The pertinent portion:

"Alimony And The Separation Agreement  

Many divorcing couples work out the thorny details of alimony and
other property divisions as well as other issues such as child custody
in a contract known as a separation agreement.

This agreement may be drawn before or after the parties file for
divorce and even if they are still living together; it is simply
spells out legal rights and obligations without taking any formal
action in a court of law. Once agreed to, however, this document,
however, is enforceable as a contract should its terms be breached by
either party. A separation agreement may also be incorporated into a
final divorce decree and then is enforceable as a court order. It is
advisable to work with an attorney in crafting a separation agreement
that does not waive any rights or the possibility of modification of
terms.

If alimony is agreed to in the property settlement agreement and the
agreement is incorporated into the final decree, then the court
doesn't have the power to change a dime of it. But if the court sets
the amount of alimony, it maintains complete control as to whether it
can be raised, lowered, or halted."

Note especially "...then the court [no court!] doesn't have the power
to change a dime of it." This, apparently, is the situation in which I
continue to find myself. I had thought the law might have changed,
empowering courts to review and modify such contracts, but such is not
the case. Accordingly, I'm closing this question.