Spousal support, often referred to as alimony, provides financial assistance to one spouse following a divorce. However, circumstances can change over time.
What if your income decreases or your ex-spouse begins to earn a higher salary? Is it possible to adjust spousal support? The simple answer is: Yes, it can be modified, but specific conditions must be met. California has specific rules for this. It is important to be aware of them before moving ahead.
The court determines the type and amount of support based on various factors, including income, needs, and the duration of the marriage. An alimony attorney in San Diego can provide the legal assistance required.
Let’s break this down:
What is Spousal Support?
Spousal support is financial assistance one spouse provides to the other following a divorce. Its purpose is to help the recipient adapt to life after marriage, particularly if they have a lower income or are unemployed.
There are several types of spousal support:
- Temporary Support: This is provided during the divorce proceedings.
- Rehabilitative Support: This is short-term assistance designed to help the other spouse achieve financial independence.
- Permanent Support: This is ongoing support that may be required for an extended period.
The Legal Grounds for Modifying Spousal Support
You can’t just stop or change spousal support whenever you feel like it. To modify it, you need to show there’s been a significant change in circumstances. Courts take this seriously, so the change must be big and provable. Here are the main reasons spousal support can be modified:
- A Significant Change in Financial Circumstances
- Did you lose your job or face a major cut in income? This can be a reason to ask to modify the support amount.
- On the other hand, if your income suddenly increases a lot, your former spouse may ask for more support.
- A Change in Your Ex-Spouse’s Situation
- If your ex gets a better-paying job, remarries, or starts living with a new partner, it might affect their need for support.
- Courts often consider cohabitation similar to remarriage when it comes to support.
- Health and Life Changes
- A serious illness, disability, or medical issue can change your ability to pay or need for support.
- For example, if you cannot work due to health problems, you can request a reduction in payments.
- Other Major Changes
- Retirement is another common reason to modify support.
- Unexpected financial burdens, like caring for a sick family member, can also play a role.
Steps to Seek a Spousal Support Modification
If you think you qualify for a change in spousal support, you’ll need to follow a legal process. Here are the steps you’ll take:
- Review the Divorce Agreement or Court Order
- First, check what your divorce agreement says about modifying support.
- Some agreements make support “non-modifiable,” meaning it cannot be changed.
- Document the Change in Circumstances
You must prove your situation has changed significantly. Gather evidence such as:
- Pay stubs showing lower income
- Medical records for health issues
- Proof of job loss or attempts to find work
The more proof you have, the stronger your case will be.
- File a Petition for Modification
- Next, you’ll need to file a formal request with the court, called a “petition for modification.”
- You’ll explain why you’re asking for the change and provide your evidence.
- Attend the Court Hearing
- The court will hold a hearing where both sides explain their situations.
- Be prepared to answer questions about your finances and life changes.
- Understand the Possible Outcomes
The court might:
- Approve the modification and change the support amount.
- Deny the request if the change isn’t significant enough.
- Make temporary changes until your situation stabilizes.
Factors Courts Consider When Deciding
The court looks at several factors before deciding whether to modify spousal support. Some of these include:
- Your current income and your ex-spouse’s income
- How long the original support order has been in place
- The reason for the change in circumstances (e.g., job loss, illness)
- Whether you’ve made a good-faith effort to improve your situation (like finding a new job)
Can Spousal Support Be Terminated?
Sometimes, spousal support doesn’t just change—it ends completely. This can happen in specific situations, such as:
- Remarriage or Cohabitation: Support often ends if the receiving spouse gets remarried or moves in with a partner.
- Death: If either you or your ex-spouse passes away, the support usually stops.
- Expiration of Support: If the support was for a set period, it ends when the time runs out.
Challenges and Misconceptions
There are a lot of misconceptions about modifying spousal support. For example:
Misconception: “If I lose my job, I can stop paying support immediately.”
Truth: You still have to pay until the court approves a modification.
Misconception: “If my ex gets a job, I can stop paying.”
Truth: You need to prove to the court that their new job significantly changes their need for support.
Modifying spousal support can also be challenging. Proving a change in circumstances is not always easy, and laws vary depending on where you live.
Seeking Legal Guidance
Modifying spousal support is a complex legal process, and it’s always a good idea to seek guidance from a family law professional. They can help you gather the right evidence, file the necessary paperwork, and represent you in court if needed.
Conclusion
Spousal support isn’t set in stone. Life changes, and sometimes support orders need to change too. Whether you’re facing job loss, health issues, or your ex’s improved finances, you may be able to modify the payments. The key is to show the court a real and significant change in your circumstances.
