Financial circumstances can change significantly after a California divorce. A job may be lost, income may increase or decrease, someone may retire, or the spouse receiving support may become more financially independent.
When circumstances change, either spouse may be able to ask the court to modify, or sometimes terminate, a spousal support order. For long-term support, however, simply wanting a different arrangement generally isn’t enough. California courts typically require a significant change in circumstances since the last support order.
For men paying or receiving spousal support, understanding what may qualify for modification can help determine when returning to court makes sense.
What Is a “Change in Circumstances”?
A change in circumstances generally means that something important has changed since the court entered or last modified the support order.
The change needs to be relevant to the factors affecting spousal support. When considering a request to modify long-term support, a California judge considers the factors used to determine long-term support, including those found in Family Code § 4320.
The court does not automatically change support simply because one spouse asks. The person requesting modification generally needs evidence demonstrating what has changed and why the existing order should be adjusted.
What Changes May Support a Modification?
There is no single event that automatically guarantees modification. Depending on the circumstances, potentially significant changes can include:
- A substantial increase or decrease in either spouse’s income
- Involuntary job loss or a meaningful reduction in earnings
- Retirement or another significant change in employment
- Changes in the supported spouse’s financial needs
- The supported spouse becoming more self-supporting
- Significant changes impacting either spouse’s ability to pay or need for support
The court considers the complete financial picture rather than looking at one fact by itself.
What If You Lose Your Job?
Losing a job can potentially justify reducing spousal support, particularly when the loss of income is substantial and involuntary. But payments do not automatically decrease when your paycheck stops.
Until the existing order is changed, the existing support obligation generally remains in effect. California Courts advises people to request modification promptly because a modified amount generally cannot reach back earlier than the date the request for modification was filed.
That makes waiting particularly risky. Falling behind while hoping the situation resolves itself can lead to unpaid support accumulating under the existing order.
What If Your Ex Starts Earning More Money?
A significant increase in the supported spouse’s income may also be relevant.
Long-term spousal support is intended in part to address the financial circumstances and needs of the parties after divorce. If the supported spouse receives a substantial raise, begins earning significantly more, or otherwise becomes more financially independent, the paying spouse may have grounds to ask the court to reconsider the existing amount.
An increase in income does not automatically end support, however. The judge considers it alongside the other applicable statutory factors.
Does Living with a New Partner Impact Spousal Support?
It can. California law contains specific rules addressing the effect of a supported spouse’s cohabitation with a nonmarital partner.
The issue is not necessarily that a new partner has a legal duty to financially support your former spouse. Instead, cohabitation can affect the supported spouse’s financial needs and therefore become relevant to the support analysis.
The particular living arrangement and financial circumstances matter, so merely discovering that an ex is dating someone generally isn’t enough by itself.
How Do You Request a Spousal Support Modification?
If former spouses agree on a new amount, they can prepare an agreement and submit it for the judge’s approval. Once signed and filed, it becomes the new support order.
When they do not agree, the spouse seeking modification generally files a Request for Order (Form FL-300) and financial information, including an Income and Expense Declaration. The requesting spouse should provide evidence showing how circumstances have changed since the previous order.
Legal Guidance
Working with Men’s Legal Center can help fathers and former spouses evaluate whether circumstances support a modification, gather financial evidence, respond to modification requests, and present their position to the court.