Spousal support, or alimony, is not automatically awarded in California divorce or legal separation proceedings. In fact, the court has the discretion to award, deny, or limit spousal support payments to the parties.
Deciding on whether or not to grant spousal support is determined by considering the standard of living the parties have become accustomed to during the marriage and their respective needs and abilities to pay (Family Code Sections 4320 & 4330(a).)
In making this determination concerning the propriety of awarding spousal support, the court will engage in the arduous task of weighing and considering a number factors that include: the respective needs of the parties, the debts and assets of the parties, the duration of the marriage, child custody, the balance of hardships to each party, etc.
Once a spousal support order has been issued by the court, modification of spousal support can generally happen throughout the support period. However, this is not true in cases where the parties have entered into a written agreement or an oral stipulation in open court providing that the spousal support will not be subject to modification or termination (Family Code Section 3651(d)). Spousal support may also be rendered non-modifiable in situations where the order contains a fixed duration that is clearly stated. Once a spousal support order expires, the court no longer has the authority to order further support payments unless it expressly or implicitly reserves that power in the order (Family Code Section 4335).
If a spousal support order is modifiable (and assuming that the court has continuing spousal support jurisdiction), it can be modified if the seeking party can show a material change in circumstances. The court’s determination of whether or not to grant a modification depends on the specific facts of each case and whether sufficient evidence of a material change of circumstances have been presented. In making the modification, the court will once again weigh and consider the same factors used to determine the initial spousal support order.
The modification will warrant an increase in spousal support payments if the seeking party can show that either the prior order was not sufficient to meet his/her reasonable needs at the time it was made or that changed circumstances have since rendered the prior order insufficient to cover the current cost of his/her reasonable need. Of course, the seeking party would also have to demonstrate the other party’s ability to pay the increased amounts.
A step-down modification, or a lowering or termination of spousal support, can be supported by evidence of changed circumstances that negates the need for spousal support or shows an inability to continue paying spousal support. Termination or reduction of spousal support has been warranted in situations in which the receiving spouse remarries, becomes self-supporting, or when the supporting spouse is no longer able to pay spousal support due to bankruptcy or retirement.
Seeking a modification of spousal support can be a trying ordeal that may also run into staunch opposition by the other party; therefore, it is wise to seek the legal assistance of an experienced family law firm. At Wallin & Klarich, our attorneys have been helping people with spousal support modifications for over 30 years. We will work diligently to ensure that your interests are aggressively represented. Call us today at 888-749-7428. We will be there for you when you call.
