A court may modify a spousal support award if either party can demonstrate a material change in circumstance.  The change in circumstances must bear upon the financial needs of the dependent spouse or the ability of the supporting spouse to pay. Typically the process is initiated when one party files a motion to modify spousal support.  An involuntary loss of ability to produce enough income to pay the original support award is one possible reason for a reduction.  For example, a 71-year-old women’s ongoing support obligation to her ex-husband was recently reduced by a Virginia court because, although she owned several rental income properties, her declined health made her unable to earn enough money to maintain the properties’ values. The court must also consider the terms of contractual agreements made between the parties regarding spousal support.

(Dritselis v. Dritselis, 2014 Va. App. LEXIS 392 (Va. Ct. App. Dec. 2, 2014))