Key Considerations for Modifying Spousal Support Post-Divorce
Spousal support orders are not always final. Life changes, and when it does, the amount or duration of support set during a divorce may no longer be fair or appropriate. In California, either party can request a modification of spousal support after a divorce, but certain requirements must be met. If you’re considering a change, it’s important to understand the legal process and what the court will evaluate.
Spousal Support Basics in California
Spousal support—also known as alimony—is money paid by one former spouse to the other to help maintain financial stability after divorce. In California, there are two main types of spousal support:
- Temporary support, which may be ordered during the divorce process.
- Long-term or permanent support, which may be part of the final divorce judgment.
Only long-term support is eligible for post-judgment modification. If the support was set based on an agreement between spouses, the terms of that agreement will control whether and how modifications can be made.
When Support Can Be Modified
Spousal support can only be changed if there has been a material change in circumstances since the original order was made. This means something significant must have occurred that affects either spouse’s ability to pay or need for support.
Some common examples include:
- Job loss or a major drop in income for the paying spouse
- A significant increase in income for the supported spouse
- Retirement, especially if it is involuntary or due to age or health
- Health issues or disability that affect income or expenses
- Cohabitation of the supported spouse with a new partner
- Failure to make reasonable efforts to become self-supporting
The court will not modify support just because one party wants to pay less or receive more. There must be clear evidence that something has changed in a meaningful way.
The Role of the Original Order
Whether the original spousal support order was made by a judge or negotiated through a marital settlement agreement matters. Some agreements state that spousal support is “non-modifiable,” meaning the terms cannot be changed regardless of circumstances. Others may include a termination date or set conditions under which support ends automatically.
If the order is silent on future modifications, California law presumes that support may be revisited. However, any request for change still requires proof of changed circumstances.
Steps to Request a Modification
The process to modify support begins with filing a Request for Order with the court. This document outlines what change is being sought and why. The other party will have a chance to respond, and both sides may need to provide updated financial disclosures.
Here are the basic steps:
- Gather documentation – Pay stubs, tax returns, medical records, or any documents that show why your financial circumstances have changed.
- File a motion – Submit the proper paperwork with the court that handled your original divorce.
- Serve the other party – Legally notify your former spouse of the motion and upcoming hearing.
- Attend the court hearing – Both sides may present evidence and arguments before the judge makes a decision.
Legal representation can be helpful in ensuring the process is handled correctly and your case is clearly presented.
What the Court Considers
In deciding whether to modify support, California courts look at many of the same factors used when support was originally set. These include:
- The length of the marriage
- Each person’s earning capacity and current income
- The supported spouse’s efforts to become self-sufficient
- Each party’s age and health
- Any hardship one party may face
- The standard of living established during the marriage
The court is focused on fairness. If one spouse is not making reasonable efforts to find work or improve their financial situation, the court may reduce or even terminate support. Likewise, if the paying spouse has experienced a severe hardship through no fault of their own, the court may adjust the obligation.
Cohabitation and Support Reductions
If the supported party is living with a new romantic partner, this may be grounds for reducing or ending support. California law assumes that cohabitation reduces the need for financial support, though it does not automatically terminate it.
The burden is on the paying spouse to show that cohabitation is happening and that it has changed the supported spouse’s financial needs. Evidence may include shared bills, joint bank accounts, or testimony from neighbors or family.
Voluntary Unemployment Is Not a Free Pass
If the paying spouse quits their job or takes a lower-paying position without a good reason, the court may deny the request to reduce support. Judges expect both parties to act in good faith when it comes to earning income and meeting financial responsibilities. Quitting work to avoid paying spousal support usually backfires in court.
Similarly, a supported spouse who refuses to look for work or build job skills may find their support reduced or terminated.
Retirement and Spousal Support
When a paying spouse retires, it often impacts their ability to continue making support payments. Retirement may justify a reduction or termination of support, especially if it is tied to age, physical limitations, or industry norms. But early or voluntary retirement may be scrutinized more closely. Courts look at whether the retirement is reasonable and if it creates an actual change in income.
Getting Legal Help
Modifying spousal support is not always simple. Even if circumstances have clearly changed, the court process can be complex and emotionally charged. A family law attorney can help evaluate whether a modification request is likely to succeed, file the appropriate paperwork, and present a strong argument to the judge.
Conclusion
Spousal support doesn’t have to remain the same forever. California law recognizes that life changes. If those changes significantly impact financial circumstances, a support order can be updated. But it takes more than just asking—clear evidence, proper filing, and legal reasoning are all necessary. Whether you’re paying or receiving support, consulting with a qualified attorney is the best step to protecting your financial future after divorce.