When and How Spousal Support Can Be Modified
We can argue that divorces are fairly common in San Diego. According to California divorce statistics, there were 57,921 divorces in San Diego County between 2016 and 2022. In 2020 alone, 10.1% of people over 18 were divorced. An additional 2% were married but separated.Â
After getting divorced, not everyone in San Diego is awarded alimony. However, it is not uncommon for one spouse to get spousal support, especially if they were dependent on the other person during the marriage. The amount of alimony you can get depends on the person’s need and the spouse’s ability to pay at the time. However, with time, spousal support can be modified according to life changes.
When Can Spousal Support Be Changed?
Spousal support is modified if there is a significant change in circumstances for either spouse. The courts look for ongoing changes that are not temporary. Your San Diego spousal support attorney may advise you to look out for factors like:
Change of Income
If there is a job loss or a big change in income, the alimony amount and agreement can be modified. For example, if the spouse paying spousal support loses their job. Another circumstance is if they have to take a lower-paying position through no fault of their own. In such instances, they may ask the court to reduce their payments.
Health Problems
If either spouse becomes seriously ill or disabled, the support arrangement may need to be adjusted to match the current circumstances.Â
Remarrying or Cohabitation
If the spouse receiving support remarries or starts living with a new partner. In many cases, this can lead to reducing the alimony amount or completely ending support since the new relationship may provide financial support.
Retirement
Yes, retirement can be a reason to modify support. This mostly applies to older couples who are at retirement age, and when the paying spouse will no longer be earning the same amount.
How Is Spousal Support Modified?
The first step is to file a motion with the court that issued the original spousal support order. This is a formal request asking the judge to review and possibly change the order. In your request, you will need to include proof of changes in your situation for example medical records and pay stubs.
The court will then schedule a hearing where both sides present their arguments. Sometimes, both spouses agree that a change is necessary. In these cases, they can submit a new agreement to the court for approval. This is quicker and less stressful compared to having a full hearing.
Things to Keep in Mind During Spousal Support Modifications
Not all spousal support arrangements can be changed. If the original agreement says the support is non-modifiable, then everything is locked in, and the court won’t have the power to reverse the order.
Also, changes don’t apply to past orders. That means you can’t go back and ask for your money to be refunded. Changes only apply moving forward.
Conclusion
Spousal support can be adjusted when life circumstances shift. However, the process requires evidence and legal proof. If you are considering alimony modification. Speak to your attorney about how you can protect your rights.
