Modifying Spousal Support in California: When and How to Request Changes?

While spousal support – or alimony – may strike you as being basically set in stone once it’s ordered by the court, that is not always the way it works in California. There are circumstances when spousal support can be modified, and having a better understanding of the particulars can help you better protect your financial rights. If you have questions or concerns related to a spousal support order, it’s time to consult with an experienced Orange County divorce attorney.

There Are Two Kinds of Spousal Support in California

In California, the courts order two different kinds of spousal support, and they each serve their own distinct purpose.

Temporary Spousal Support

Temporary spousal support is ordered when the divorce is pending. The idea behind temporary spousal support is ensuring that the lower earning spouse has the financial stability they need  to make their way through the divorce process. If a substantial financial change occurs that justifies modifying the amount of temporary spousal support paid, a modification can be made.

The duration of temporary spousal support can be quite brief, very long, or anywhere in between. It all depends on how long the case takes to settle or to make its way through court.

Permanent Spousal Support

Permanent spousal support refers to the support paid and received post-divorce, and while it’s generally not permanent, it is long-term. Modifications that are based on significant changes in circumstances can also be made to permanent spousal support orders. It’s important to note, however, that the court can also order permanent spousal support that is non-modifiable. This means that the amount paid and the duration of the payments are locked in at the time of the divorce and generally won’t vary from this point on.

The Purpose of Permanent Spousal Support

The purpose of permanent alimony is distinct from temporary alimony. The goal is providing the recipient with the income they need to cover their own reasonable needs in the context of the standard of living achieved during the marriage. While both exes are expected to be self-supporting within a reasonable amount of time, permanent spousal support affords the recipient the time they need to help bridge the gap from financial dependence to independence.

The Duration of Permanent Spousal Support

As mentioned, permanent spousal support isn’t usually permanent. Instead, the court sets the duration and the amount when it hands down the order, which can be modified if there is justifiable reason for doing so.

How long permanent spousal support will last is based on factors like how long the marriage lasted as well as the recipient’s financial needs and the payor’s ability to cover the expense. If the marriage lasted at least 10 years, it’s considered a long-term marriage, and an alimony award becomes more likely. The duration of the spousal support could also be considerably longer than it would be for a marriage that didn’t go the distance.

To Obtain a Spousal Support Modification, It Must be Justified

California courts require a substantial change in circumstances that justifies a spousal support modification before such a modification will be granted. This said, there are no specific rules that determine when a change in circumstances justifies a modification.

The ex who is seeking the modification must present the court with evidence that supports their request. When determining spousal support modifications, the court is required to take the same factors that guided the original order into consideration. As such, significant changes in relation to any of the following could support an alimony modification in California:

• Either party’s financial obligations or assets
• Either party’s overall mental or physical health
• Either party’s marketability in the employment arena and the degree to which they require training in order to increase their earning power
• The degree to which the ex who receives spousal support is affected financially by their responsibility for the dependent children of the marriage

If you need a spousal support modification, look no further than the trusted legal counsel of a savvy Orange County divorce lawyer.

Seeking a Modification

When the person paying spousal support seeks a modification, it’s generally based on decreased earnings, such as in relation to losing a job or experiencing a pay cut for some reason that is beyond their control. When the issue at hand, however, is within the paying party’s control – such as being unemployed or underemployed as a means of avoiding their spousal support obligation – the court will not be fooled and is very unlikely to grant a modification.

Becoming Self-Supporting

Spousal support in California is generally ordered for a duration that allows the recipient to gain greater financial independence through education, job training, or the acquisition of job skills. In a longer marriage in which the recipient focused on caring for the home and children, the duration of spousal support may be extended – based on the amount of time the recipient will likely need to increase their earning power.

In most cases, those who receive spousal support are required to put effort into improving their employability or into joining the workforce. If the recipient is intentionally avoiding the process of becoming self-supporting, it can be used as grounds for an alimony modification. Typically, however, not doing what it takes to increase one’s financial independence is more likely to mean that the court will deny an alimony extension when the court-ordered terms end.

Discuss Your Case with an Experienced Orange County Divorce Attorney Today

The resourceful Orange County divorce lawyers at Minyard Morris unleash the full force of our legal insight and experience in pursuit of favorable spousal support terms for every valued client we faithfully represent, and we welcome the opportunity to also serve you. the matter of spousal support can play a critical role in your financial future, which makes it important not to put off reaching out and contacting or calling us at 949-724-1111 for more information about what we can do to help you today.