If you only remember one point about modifying alimony in Wyoming, remember this: The district court may revise its alimony decree on petition showing changed circumstances affecting need or ability to pay. Procedure, examples, and the opinions below hang off Wyo. Stat. § 20-2-204. Property division is final; alimony in gross awarded as property is generally non-modifiable. Death of either party, remarriage of the recipient (where provided), or the term fixed in the decree ends the obligation.
Cohabitation and remarriage
Death of either party, remarriage of the recipient (where provided), or the term fixed in the decree ends the obligation.
Cohabitation cases are intensely fact-driven: shared finances, shared household expenses, the relationship's public character, and its duration all matter. Wyoming procedure requires proof — surveillance or speculation is not enough, and the recipient gets discovery and a hearing before payments stop. Until a court order issues, keep paying.
Walking through Wyoming facts
Use this walkthrough to see which Wyoming authority does the work at each step.
A former spouse in Wyoming asks to change periodic alimony after retirement or a drop in income.
- File a petition to modify filed in the district court case.
- Match the facts to the Wyoming standard: The district court may revise its alimony decree on petition showing changed circumstances affecting need or ability to pay.
- Check whether this award can be modified at all: Property division is final; alimony in gross awarded as property is generally non-modifiable.
- If the request is to end support, prove a trigger: Death of either party, remarriage of the recipient (where provided), or the term fixed in the decree ends the obligation.
Prospective from the petition. The forum is the district court that entered the order, or the Department of Family Services (DFS) Child Support Program.
Step-by-step: how to file
- Read the decree and any incorporated agreement. Property division is final; alimony in gross awarded as property is generally non-modifiable. Confirm the court retained jurisdiction to modify.
- Confirm the forum. Modification goes to a petition to modify filed in the district court case. If a party has moved away, UIFSA and registration rules determine where the petition belongs.
- Gather evidence dated to the change. Termination notices, disability awards, pension and Social Security statements, tax returns, medical records, or evidence of the recipient's cohabitation.
- File and serve promptly. Prospective from the petition.
- Exchange financial disclosure. Many courts require updated financial affidavits; self-employment cases often add forensic accounting or a vocational expert.
- Seek temporary relief if needed. Where circumstances are dire, ask the court for interim reduction or suspension pending the full hearing — Wyoming judges can grant temporary remedies in appropriate cases.
- Litigate, mediate, or stipulate. A settlement must be reduced to an order and entered before payment obligations change.
When the change takes effect
Prospective from the petition.
The corollary: unilaterally reducing or stopping payments before an order issues builds arrears, interest, and contempt exposure — even if you ultimately win the modification.
Awards that cannot be modified (or are hard to change)
Property division is final; alimony in gross awarded as property is generally non-modifiable.
Common traps:
- Lump-sum or property-division awards styled as alimony are usually final when entered.
- Agreement language that waives modification binds the parties even though the statute would allow a petition.
- Expired terms — once a fixed term lapses, most states will not revive it; a timely pre-expiration motion is critical.
- Jurisdiction reservations — in some states, if the decree did not expressly reserve jurisdiction to modify, no later court can.
Case law: how Wyoming courts decide alimony modification
These LawDiver opinions show how Wyoming appellate courts weigh changed circumstances, retirement, and cohabitation:
Rebecca A. REAVIS, Appellant (Plaintiff), v. Calvin D. REAVIS, Appellee (Defendant)
…rial court acting within its discretion by denying to award alimony to the former wife? II. FACTS After Mother and Father graduated from the University of Wyoming in 1979, they married in July and settled in Cody, Wyoming. Father began employment with Marathon Oil Company, and continued that employment through the time of the divorce. Mother worked for one year in an entry-leve…
Practitioners open Rebecca A. REAVIS, Appellant (Plaintiff), v. Calvin D. REAVIS, Appellee (Defendant) when Wyoming alimony modification turns on the distinction in this sentence: "II. FACTS After Mother and Father graduated from the University of Wyoming in 1979, they married in July and settled in Cody, Wyoming. Father began employment with Marathon Oil Company, and continued that employment through the time of the divorce." Do not lift it out of the facts the court was deciding.
Ruth E. SALMERI, Appellant (Plaintiff Below), v. Edward J. SALMERI, Appellee (Defendant Below)
…ent nisi dissolving the marriage of the parties, 5 granting alimony and child support to plaintiff, requiring defendant to pay all reasonable medical and dental expenses and maintain Blue Cross insurance for the children and the plaintiff, and to pay premiums on $20,000 of life insurance on defendant’s life, naming plaintiff irrevocable primary beneficiary. On June 26, 1969 the…
On alimony modification, Ruth E. SALMERI, Appellant (Plaintiff Below), v. Edward J. SALMERI, Appellee (Defendant Below) speaks to the Wyoming dispute in this passage: "Blue Cross insurance for the children and the plaintiff, and to pay premiums on $20,000 of life insurance on defendant’s life, naming plaintiff irrevocable primary beneficiary." The surrounding opinion shows how the court applied that language to the record.
Michael David JONES, Appellant (Plaintiff), v. Barbara Stills JONES, Appellee (Defendant)
…on in refusing to terminate a contractual obligation to pay alimony incorporated into a Florida divorce decree. The trial court ruled there was no change in circumstances since the entry of the divorce decree justifying an adjustment in the alimony. There is no dispute between the parties that the husband’s earnings are so low he cannot make the alimony payments and exist on hi…
Practitioners open Michael David JONES, Appellant (Plaintiff), v. Barbara Stills JONES, Appellee (Defendant) when Wyoming alimony modification turns on the distinction in this sentence: "Florida divorce decree. The trial court ruled there was no change in circumstances since the entry of the divorce decree justifying an adjustment in the alimony." Do not lift it out of the facts the court was deciding.
Annette R. YATES, Appellant (Defendant), v. Charles J. YATES, Appellee (Plaintiff)
…ified and modified the original decree of divorce regarding alimony. According to appellant the issues are: I “Did the Trial Court deny the Appellant’s right to due process when it decided the issue of her daughter’s custody without giving the Appellant an opportunity to present relevant testimony regarding that issue? II “Did the Trial Court abuse its discretion when it change…
On alimony modification, Annette R. YATES, Appellant (Defendant), v. Charles J. YATES, Appellee (Plaintiff) speaks to the Wyoming dispute in this passage: "According to appellant the issues are: I “Did the Trial Court deny the Appellant’s right to due process when it decided the issue of her daughter’s custody without giving the Appellant an opportunity to present relevant testimony regarding that issue?" The surrounding opinion shows how the court applied that language to the record.
K.C. James READY, Appellant (Defendant), v. Janelle Louanne READY, Appellee (Plaintiff)
…non-custodial father moved to modify the child support and alimony provisions of his 1998 divorcee settlement and decree. The district court did reduce the father's child support obligation, but still ordered an amount higher than the presumptive statutory amount. The court declined to terminate the father's alimony obligation. The father appeals the alimony and child support…
Practitioners open K.C. James READY, Appellant (Defendant), v. Janelle Louanne READY, Appellee (Plaintiff) when Wyoming alimony modification turns on the distinction in this sentence: "The district court did reduce the father's child support obligation, but still ordered an amount higher than the presumptive statutory amount. The court declined to terminate the father's alimony obligation." Do not lift it out of the facts the court was deciding.
Ronald Howard BYRD, Appellant (Defendant), v. Linda Lee MAHAFFEY, F/K/A Linda Lee Byrd, Appellee (Plaintiff)
…and requested a hearing to determine temporary support and alimony. The husband failed to appear at the hearing and later failed to abide by the court's rulings made at the hearing. At a later contempt proceeding, the husband's counsel was present, but the husband again failed to personally appear, leading to the issuance of a bench warrant. The husband also did not appear at…
Practitioners open Ronald Howard BYRD, Appellant (Defendant), v. Linda Lee MAHAFFEY, F/K/A Linda Lee Byrd, Appellee (Plaintiff) when Wyoming alimony modification turns on the distinction in this sentence: "The husband failed to appear at the hearing and later failed to abide by the court's rulings made at the hearing. At a later contempt proceeding, the husband's counsel was present, but the husband again failed to personally appear, leading to the issuance of a bench warrant." Do not lift it out of the facts the court was deciding.
Patrick Adam ERHART, Appellant (Defendant), v. Jane Ann EVANS, Formerly Jane Ann Erhart, Appellee (Plaintiff)
…9] DFS filed a Notice of Assignment of rights to child and spousal support in June of 1996 and a Petition for Order to Show Cause in May of 1998 alleging the father had accrued arrearages of $12,860. The record reflects in August 2000 DFS filed a Corrected and Amended Memorandum Brief on the issues of whether there was a modification of the original divorce decree, the age of…
Wyoming opinions such as Patrick Adam ERHART, Appellant (Defendant), v. Jane Ann EVANS, Formerly Jane Ann Erhart, Appellee (Plaintiff) are cited where alimony modification is disputed. The court stated: "DFS filed a Notice of Assignment of rights to child and spousal support in June of 1996 and a Petition for Order to Show Cause in May of 1998 alleging the father had accrued arrearages of $12,860." That is the language to brief; the rest of the decision supplies the procedural posture.
Practical checklist before you file
- Identify which type of alimony your decree awards — the modification rules differ by type.
- Confirm the decree or agreement does not bar modification.
- Document the change with third-party records, not just testimony.
- For retirement motions: assemble pension statements, Social Security estimates, the divorce-era financial disclosures, and evidence of good faith.
- For cohabitation petitions: gather admissible evidence and expect a discovery fight and an evidentiary hearing.
- Keep paying until the new order is signed; calendar the effective-date rules under Wyo. Stat. § 20-2-204.
- Search LawDiver for recent Wyoming appellate decisions before filing.
Key takeaways
- Wyoming calls these payments alimony, governed for modification purposes by Wyo. Stat. § 20-2-204.
- The legal standard: The district court may revise its alimony decree on petition showing changed circumstances affecting need or ability to pay.
- Prospective from the petition.
- Termination events: Death of either party, remarriage of the recipient (where provided), or the term fixed in the decree ends the obligation.
- Property division is final; alimony in gross awarded as property is generally non-modifiable.
- File in petition to modify filed in the district court case — do not wait: Prospective from the petition.
- Companion reading: Wyoming alimony guide and how to modify child support in Wyoming.
The legal standard in Wyoming
The district court may revise its alimony decree on petition showing changed circumstances affecting need or ability to pay.
Courts start from the decree, not from scratch. The judge asks what the parties and the court knew when alimony was set, what has changed since, and whether the change is significant and durable enough to make the existing terms unreasonable. The moving party carries the burden, and documentation — tax returns, pension statements, medical records, lease agreements — decides most of these cases.
Grounds that most often succeed
- Retirement. Many states now treat reaching full retirement age as a presumptive or statutory ground. Early or voluntary retirement is scrutinized: courts ask whether it was in good faith, whether it was foreseeable at divorce, and whether the recipient had a chance to save.
- Involuntary income loss. Layoffs, business failure, disability, or industry collapse — with proof of diligent job-seeking. Voluntary underemployment is commonly met with income imputation instead of relief.
- The recipient's changed need. Improved earnings, remarriage-adjacent cohabitation, an inheritance, or reduced expenses.
- Health changes. New disability or extraordinary medical costs on either side.
- Cohabitation. Death of either party, remarriage of the recipient (where provided), or the term fixed in the decree ends the obligation.
Grounds that rarely work: a new partner's income without statutory cohabitation, ordinary inflation, the payor's new family expenses standing alone, or a temporary dip in earnings.
Frequently asked questions
Can alimony be modified in Wyoming?
Yes, in most cases. The district court may revise its alimony decree on petition showing changed circumstances affecting need or ability to pay.
Does retirement end alimony in Wyoming?
Retirement can support modification where it produces a genuine, good-faith reduction in ability to pay, but it is not automatic. Wyoming courts weigh the timing, health, and foreseeability of the retirement under Wyo. Stat. § 20-2-204.
Does my ex's cohabitation stop alimony?
Death of either party, remarriage of the recipient (where provided), or the term fixed in the decree ends the obligation. You must petition the court and prove the statutory elements — the obligation does not end by operation of the new relationship alone until a judge so orders (unless Wyoming's statute makes termination automatic on remarriage).
Can alimony be increased?
Yes, where the statute permits. Recipients who prove a material increase in need — often medical — can seek upward modification, subject to the payor's ability to pay.
Can Wyoming courts modify alimony retroactively?
Prospective from the petition.
What if my alimony was set by agreement?
Property division is final; alimony in gross awarded as property is generally non-modifiable. Agreements matter: read the incorporated terms before assuming a petition will be heard on ordinary changed-circumstances grounds.
Related guides
- How Wyoming calculates child support
- Wyoming alimony / alimony guide
- How to modify alimony in Wyoming
- How to modify child support in Wyoming
Disclaimer
This guide is general legal information about modifying alimony in Wyoming, not legal advice. Statutes and case law change. Confirm the current text of Wyo. Stat. § 20-2-204 and consult a licensed Wyoming family-law attorney about your decree before filing or changing payments.