Which adjustment can potentially modify spousal support?

Adjusting spousal support can significantly depend on changes in the circumstances of the parties involved, particularly in the area of cohabitation. When the receiving spouse begins to cohabit with another individual, it may suggest a decrease in their financial need for spousal support. Courts often perceive cohabitation as a factor that could alter the recipient's living expenses or economic situation, given that shared living expenses typically relieve some of the financial burden that the support was initially designed to address.

Furthermore, in New York, cohabitation can potentially lead to a decrease or termination of spousal support obligations because the recipient may benefit from the financial support provided by their new partner, which could reduce their reliance on spousal support payments. Therefore, the existence of cohabitation creates a valid basis for reevaluating and possibly modifying the support arrangement.

In contrast, other alternatives such as a voluntary reduction in income or changes in property values do not inherently provide sufficient grounds for modifying spousal support without further context or evidence demonstrating how these changes directly affect the receiving spouse's financial needs. Similarly, an obligor’s promotion, although increasing their ability to pay, does not inherently justify a modification of the support agreement unless it is accompanied by a change in the financial needs