As part of a divorce proceeding, the family court often issues an award of monthly spousal support to one of the parties. California law sets forth a variety of factors to weigh in determining the amount of support. It is important to keep in mind, however, that in most cases, this court-ordered amount is not necessarily a permanent figure. Either party may request the court to modify the spousal support by pleading and proving a “material change in circumstances” since the order was issued. Since an award of spousal support can have a dramatic impact on both spouses’ finances after divorce, it is important to ensure that your interests are protected as early as possible in the process. An experienced San Diego family law lawyer can assess your case in accordance with local laws.
In order to successfully modify your spousal support order (either an increase or decrease in the amount), it is helpful to understand how courts view the established standard of a “material change in circumstances.” In a recent case, the husband filed a request to modify or terminate spousal support payments to his ex-wife. The couple got married in 1989 and divorced in 2002. Their marriage lasted for 13 years, they had no children, and each party received over $1 million in assets.