How to Modify Spousal Support Agreements After Divorce

After a divorce, one of the most common and often contested aspects of the settlement can be spousal support (also known as alimony). While spousal support is intended to provide financial assistance to a spouse who may need time to become self-sufficient, there are situations where modifications to spousal support agreements are necessary. 

Whether you’re the paying spouse or the recipient, it’s important to understand how California law approaches spousal support modifications and how to seek a change when circumstances shift after a divorce.

As a California alimony attorney, I’ve worked with many clients who want to modify or terminate their spousal support agreements. In this article, I will walk you through the process of modifying spousal support, the circumstances under which you can request a change, and the legal considerations that come into play under California divorce law.

An Overview of Spousal Support in California

Spousal support is typically classified into two types: temporary and permanent. Temporary spousal support is designed to provide financial assistance during the divorce proceedings, while permanent spousal support is a post-divorce arrangement that continues for a set period or, in some cases, indefinitely.

The court considers several factors when determining the amount and duration of spousal support, including:

• The length of the marriage

• The recipient spouse's needs and ability to support themselves

• The paying spouse's ability to pay

• The standard of living during the marriage

• The age and health of both spouses

• The contributions of each spouse to the marriage, including homemaking and childcare

These factors can change over time, which is why spousal support isn’t always set in stone. California divorce law allows for spousal support modifications if there is a significant change in circumstances.

When Can You Modify Spousal Support in California?

In California, spousal support orders are not permanent and unchangeable. You can request a modification if you believe that there has been a significant change in circumstances that justifies altering the terms of the agreement. 

However, it's important to understand what qualifies as a substantial change, as the court won’t modify spousal support simply because one spouse is unhappy with the arrangement.

Some of the most common circumstances that may justify a modification under divorce law include:

• Changes in income: If there is a significant change in either spouse’s income, the amount of spousal support may need to be adjusted. For example, if the paying spouse experiences a job loss or a substantial reduction in income, they may be able to seek a reduction in spousal support. 

• Remarriage or cohabitation: If the recipient spouse remarries or begins cohabiting with a new partner, the court may consider this a significant change in circumstances that could impact spousal support.

• Change in health: Health issues—whether they’re physical or mental—can significantly affect the ability of either spouse to work or support themselves. If either spouse’s health deteriorates, it may be appropriate to seek a modification of spousal support to reflect the new situation.

• Self-sufficiency: If the recipient spouse becomes self-sufficient or is able to support themselves through employment or other means, they may no longer need spousal support. This is a common reason why spousal support is modified or terminated after the divorce.

• Change in children’s custody: If there is a significant change in the custody of the children, such as the paying spouse gaining primary custody or the recipient spouse losing custody, this can impact the spousal support arrangement. 

How to Request a Spousal Support Modification

If you believe that a modification to spousal support is warranted, the first step is to formally request the change in court. The process for modifying spousal support in California is as follows:

1. File a Request for Order (RFO)
   To modify spousal support, you’ll need to file a Request for Order (RFO) with the family law court. This is a legal document that asks the court to change the terms of the spousal support agreement. In the RFO, you’ll need to outline the reasons why the modification is necessary and provide supporting evidence. 

Along with the RFO, you’ll need to submit supporting documentation, such as financial records, income statements, tax returns, or any other relevant information that supports your claim for a change in spousal support.

2. Serve the Other Party
   Once you’ve filed the RFO, you’re required to serve the other party with a copy of the request. This is important because it gives the other spouse an opportunity to respond and present their side of the case. 

3. Attend the Hearing
   After filing the RFO and serving the other party, the court will schedule a hearing. During the hearing, both parties will have the opportunity to present their arguments and evidence. If you’re seeking a reduction in spousal support, you’ll need to demonstrate the change in circumstances that justifies the modification. 

The judge will review the evidence and make a determination based on the principles of divorce law and the best interests of both spouses. If the judge finds that there has been a significant change in circumstances, they may issue a new spousal support order.

Factors the Court Considers in Spousal Support Modifications

When determining whether to modify spousal support, the court will consider several factors that are also relevant to divorce law when spousal support is initially awarded. These factors include:

• The financial situation of both parties: The court will assess both parties' income, assets, expenses, and overall financial situation to determine whether a modification is appropriate. 

• The duration of the marriage: The length of the marriage is a significant factor in determining spousal support. In California, long-term marriages may result in longer-lasting or even permanent spousal support awards. In contrast, shorter marriages may lead to temporary spousal support orders. 

• The health and age of both parties: The court will also take into account the age and health of both spouses. If one spouse is elderly or in poor health, this may affect their ability to support themselves and could justify continued or increased spousal support. 

• The standard of living during the marriage: California law aims to maintain a similar standard of living for both spouses post-divorce. The court will consider the lifestyle enjoyed during the marriage when determining whether a spousal support modification is warranted.

• The ability of the recipient spouse to become self-sufficient: One of the goals of spousal support is to allow the recipient spouse time to become financially independent. If the recipient spouse has made reasonable efforts to become self-sufficient, this can play a significant role in whether the support should be modified.

Tips for Strengthening Your Case for Modification

If you’re seeking a spousal support modification, there are several things you can do to strengthen your case:

• Keep accurate financial records: If you’re seeking a reduction or termination of spousal support due to changes in your financial circumstances, it’s important to keep detailed records of your income, expenses, and any other relevant financial documents.

• Document changes in health or employment: If a change in health or employment has impacted your ability to work or earn an income, make sure to document these changes. This could include medical records, letters from your employer, or other supporting documentation.

• Be prepared to demonstrate efforts toward self-sufficiency: If you’re the recipient spouse and you believe you no longer need spousal support because you have become financially independent, be prepared to demonstrate the steps you’ve taken to achieve self-sufficiency, such as obtaining employment, additional education, or job training.

• Remain professional and cooperative: The court will be more likely to look favorably on your case if you approach the situation with professionalism and respect. Avoid being combative with the other party and focus on presenting clear, factual evidence to support your case.

Connect With Me Today

At Family Law Revolution, I understand how important it is to protect your financial well-being, and I’m committed to helping you seek a fair resolution to your spousal support issues. I’m proud to serve Ontario, California, and the surrounding areas of Riverside, San Bernardino County, and Riverside County. Reach out to me Shelly Jean John at Family Law Revolution today to learn more.