How Can You Obtain a Modification of Your Spousal Support Award?

Spousal support, also known as alimony, can be awarded in a California divorce to the lower-earning or non-earning spouse to help them maintain a standard of living reasonably comparable to that enjoyed during the marriage. An award is based on the financial situations of both spouses at the time the divorce is granted. However, life is unpredictable, and significant changes can render the support arrangement unfair or impractical. A court can modify spousal support order if one party demonstrates a material change in circumstances since it was issued.

A common change in circumstances that may justify a modification is an involuntary job loss or serious reduction of income suffered by the paying spouse, such that they are no longer able to afford the original support amount. Conversely, a substantial increase in the income of the receiving spouse may be grounds for modification, making them less dependent on support.

Health issues or disability affecting either party can justify a modification, such as if the paying spouse suffers an illness or disability that reduces their earning capacity. Likewise, if the recipient incurs greater expenses due to a disease, injury or other health condition, support might be raised or extended.

Cohabitation or remarriage by the recipient spouse in a new, intimate relationship is another justification. Under California law, if the supported party remarries, spousal support automatically terminates. Cohabitation creates a rebuttable presumption of decreased need for the recipient spouse, since his or her living expenses may be shared.

Note that inflation and cost-of-living increases, like higher grocery bills or utility costs, are generally not considered sufficient reasons for support modifications. To address these pressures, many divorce agreements include a cost-of-living adjustment (COLA) clause. These clauses tie spousal support to the consumer price index and adjust payments without the need for court intervention.

Sometimes, a California court will grant a temporary modification in spousal support when short-term changes present added expenses. For example, if the paying spouse becomes unemployed but is actively seeking a new position, support may be adjusted downward for a defined period. Other examples are a business setback, a medical condition suffered by either party or the recipient spouse pursuing further education. A temporary modification will be reviewed at a later date to reassess its continued need.

Not all spousal support orders are modifiable. If the original support agreement or marital property settlement contains language expressly stating that support is non-modifiable, the court will generally uphold that provision and deny requests for any future changes.

An experienced spousal support attorney can be invaluable in obtaining a modification. They can help gather the necessary financial documentation, draft and file a request for order (RFO) and advocate in court for a reasonable adjustment that reflects your current situation.

The Gates Law Group, A Professional Corporation in Fresno offers representation in divorce and related legal matters to people throughout California’s Central Valley. Please call 559-432-9944 or contact us online to schedule a consultation.