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How will Changes in Income After Your Divorce Affect Spousal Support

On Behalf of | Apr 10, 2020 | Spousal Support

How will changes in income after your divorce in North County or Carlsbad affect your spousal support? While this is a complex legal issue, the short answer is a change in the income of either party may have an effect on spousal support. In some cases it may not.

Spousal support is generally intended to ensure former spouses leave the divorce on a fairly equal financial footing based upon the lifestyle enjoyed in the marriage. If you are paying spousal support and your income is significantly permanently reduced it is usually possible to request a reduction in spousal support. If you are laid off or terminated you should be able to obtain at least a temporary abatement of your support obligations.

If the payor of spousal support experiences a significant increase in income the spousal support obligation should not exceed the lifestyle enjoyed during the marriage. If you are already at that point you may not be required to pay additional spousal support.  If the spouse receiving spousal support payments achieves a significant boost in income the payor may be able to request a lowering of their existing spousal support payments.

What other changes in income after your divorce affect the payment of spousal support?  Retirement is also a point where spousal support should be reviewed. Under California law you are generally entitled to retire at age 65 and cannot be forced to continue working to support a spousal support payment.

There are far too many potential issues to provide an answer regarding changes to spousal support after the divorce is completed in this forum. If you have questions or concerns about post-decree changes in spousal support we invite you to review the recommendations of our clients and contact our Certified Family Law Specialists or call 760-389-3927 to schedule an appointment with one of our attorneys.