What Happens When Compensation Changes While Spousal Support Orders are In Effect

Pierre Domercq Spousal Support

What happens when the compensation equation changes for either party while a spousal support order exists? If the payor receives a substantial increase in pay is the payee entitled to an increase in spousal support? What happens when the payor’s income is reduced?
Likewise what happens when the recipient lands a new job with a significant pay increase or cohabitates with a new partner? It is possible to request a modification of spousal support after orders are issued in a North County or Carlsbad divorce. These cases can become quite complex, and it is important to work with the skilled attorneys at Burke & Domercq who have extensive experience in these cases.
In many cases a significant increase or decrease in income for the payor or an increase in the income or lifestyle of the recipient would be grounds for requesting a modification of spousal support by either party. The central issues in the case are likely to be the standard of living enjoyed by the parties during the course of their marriage, the duration of the marriage itself as well as the nature of other aspects of community property division at the time of the original divorce.
In some cases, the original spousal support order reflects the standard of living enjoyed by the parties during the course of the marriage for the recipient. If the former spouse who is receiving spousal support is able to continue the same lifestyle under existing orders, a substantial income boost for the payor after the date of separation may not be cause for a modification of spousal support.
If you have questions regarding what happens when the income of either former spouse changes in the context of spousal support we invite you to review the recommendations of the legal industry and our former clients and contact Burke & Domercq or call 760-712-3741 to schedule an appointment.