How Does Spousal Support Modification Work after Divorce?

In Orange County family law matters, alimony is called spousal support, and it is awarded in those divorces in which one spouse is left without the financial means to cover their reasonable needs – given the standard of living achieved during the marriage – while the other is able to assist. Spousal support is a complicated legal matter, but modifications can be made in response to material and substantial changes in circumstance on the part of either the recipient or the spouse who pays. Discuss your concerns about a spousal support modification with an experienced Orange County spousal support attorney today.

The Duration of Spousal Support

In Orange County, spousal support only applies under specific circumstances. Long-term spousal support – rather than the temporary spousal support that is ordered while a divorce is pending – is most common when one spouse earns substantially more than the other.

The longer the marriage, the longer alimony is likely to last, but the goal is for the recipient to gain greater financial independence while alimony is being paid. The basics include the following:

• For marriages that last less than ten years, spousal support is generally set for half the length of the marriage itself.
• For marriages that last more than 10 years, family law courts in Orange County does not presume how long it will take for the recipient to become more financially independent and, instead, takes the unique circumstances involved into consideration.

Having a trusted Orange County spousal support attorney in your corner can make a significant difference in the outcome of your case.

The Factors that Go into the Spousal Support Determination

Orange County courts consider a range of factors when determining whether spousal support will be awarded and, if so, how much, including:

• Each Orange County spouse’s overall assets and debts, including separate assets
• Each spouse’s earning capacity – considering their marketable skills and the job market for those skills
• The amount of time it would take the recipient to develop marketable skills
• The degree to which the recipient sacrificed their own earning capacity by leaving the job market to care for the children and home during their marriage
• The degree to which the recipient contributed to the other’s education or professional licensure during the marriage, thus increasing that spouse’s earning power
• Each spouse’s needs, based on the standard of living achieved during the marriage
• The recipient’s ability to work outside the home in relation to their responsibilities to the children who are in their primary custody
• Each spouse’s physical and emotional health
• The duration of the marriage
• The standard of living achieved during the marriage
• The terms addressed in a valid prenuptial agreement between the spouses

Each spousal support case is as unique as the couple involved.

Seeking a Spousal Support Modification

If there has been a substantial change in circumstances related to spousal support, it’s possible to obtain a modification. The burden of proving that a modification is justified, however, lies with the spouse seeking it. Some of the most common reasons for spousal support modifications include the following:

• The spouse who pays spousal support experiences a significant decrease in income or loses their job altogether.
• The spouse who receives spousal support remarries.
• The spouse who receives spousal support has experienced greater financial security and no longer needs the support.
• The spouse who receives spousal support isn’t making a good-faith effort to gain financial independence.
• The spouse who pays spousal support goes to jail or prison.
• Either spouse misrepresented their income or assets in the first place, which either artificially increased or decreased the amount of spousal support ordered.

It’s important to note here that while the spouse seeking a modification of spousal support must prove a substantial change, the support ends automatically if the recipient remarries. And the recipient is required to inform their ex at the time of their remarriage. Spousal support can also be terminated if the recipient has been living with a romantic partner – in a relationship like a marriage. If the spouse who is paying spousal support remarries, however, it has no bearing on their spousal support obligation.

Reaching an Agreement with Your Ex

If you and your ex are able to reach an agreement regarding a spousal support modification, the process is fairly straightforward. Your skilled Orange County spousal support attorney will prepare the agreement, which will be presented to the judge for signing. Failing to make the modification official with the court, however, will leave you without legal protections in the event that your ex changes their mind at some point in the future.

When You and Your Ex Are Not in Agreement

If you and your ex-spouse – with the guidance of your respective spousal support attorneys – can’t reach a modification agreement between yourselves, you’ll need the Orange County court’s intervention, which involves all the following:

• Filing the necessary forms, which include the Request for Order and the Income and Expense Declaration
• Receiving a court date
• Serving your spouse with the court papers and filing proof of service
• Attending your court hearing

Your experienced Orange County spousal support attorney will build a strong case that’s based on the available evidence and will skillfully argue in defense of your position on the matter.

An Experienced Orange County Spousal Support Attorney Is Standing by to Help

Spousal support modifications are awarded in response to substantial changes in circumstances, and if you’re facing a proposed modification or believe you’re entitled to a modification, seek the seasoned legal representation you need. The accomplished Orange County spousal support attorneys at Minyard Morris – proudly serving Orange County, California – dedicate their impressive practice to protecting the financial rights of valued clients like you, and we are on your side. Before you retain a lawyer, take the time to carefully compare the lawyer that will attempt to achieve your objectives. All lawyers are not created equal.

For more information about what we can do to help you, please don’t hesitate to reach out and contact us at 949-724-1111 today.