Spousal support, often referred to as alimony, depends on various factors, including each partner’s earning potential. A notable change in income can trigger a reassessment of spousal support obligations.
When your ex receives a job promotion, their increased income can impact the amount of spousal support they pay.
Spousal support adjustment is not automatic
In general, a job promotion does not automatically result in increased support. The court has discretion to adjust spousal support based on the case’s specific conditions, often considering:
- How does the increased income affect the paying spouse’s ability to pay support?
- What are the supported spouse’s financial needs, and can they support themselves?
- How long has the supported spouse been receiving support?
- What are the terms of the original agreement or court order that established support?
- Have there been any changes in the supported spouse’s income or financial circumstances?
If such a career boost results in a significant increase in income, the court may deem you eligible for an increase in spousal support. It may also decide that the promotion does not warrant a change, or order temporary changes based on the circumstances.
It is important to note that spousal support agreements can include clauses addressing future income changes. These clauses can outline how promotions or pay increases will affect support payments.
Requesting for a spousal support modification
In California, either spouse has the right to request a modification of spousal support if there are changes in circumstances. This process involves filing a motion with the court and providing evidence of the change. Many successful modification requests often involve a skilled divorce attorney, so enlisting one is also essential.
