Alimony (spousal support) is a part of many California divorce cases. It is typically intended to prevent the lower-earning spouse from facing financial hardship post-divorce.
Nonetheless, the financial circumstances of each spouse can change, and support payments may need to reflect this. That’s why, in some cases, a modification is possible. Here are some important factors to keep in mind.
When can spousal support be changed?
A change in circumstances is required to modify spousal support. Common reasons that a court will approve a request by either the paying or receiving party to modify the original order include:
- A job loss or reduction in income
- An increase in the recipient’s income
- Retirement of the paying spouse
- The recipient moving in with a new partner
- A serious medical condition affecting finances
In these situations, a modification may be possible. However, this can be problematic if there is a previous court order that states modification is not permitted.
The formal modification process
To request a modification, the paying or receiving spouse must file a Request for Order with the court. This includes the following:
- A legal form explaining the change in circumstances
- Supporting documents, such as financial statements or proof of income change
- A court hearing where a judge reviews the request
The other spouse has the right to object, and the judge will decide whether a change is justified.
Usually, spousal support ends when the receiving spouse remarries unless there is a court order that specifies otherwise. However, every case is unique. If you need a modification or your ex is seeking one, it’s wise to get experienced legal guidance.