Can Spousal Support Be Modified?

Can Spousal Support Be Modified?

As a part of divorce proceedings, it is common that spousal support be set by the presiding judge or mediator. Previously more commonly known as alimony, spousal support simply refers to the funds provided by one spouse for the other spouse that helps the spouses maintain the standard of living they would have been accustomed to in the course of the marriage.

Each state has different laws that determine if and how alimony or support is set and paid. Typical considerations include if one spouse will have the responsibility of the child(ren), the contribution a spouse made in the role of homemaker, the earning potential of each spouse, how long they were married, as well as the age and well-being of each spouse (emotionally, physically, mentally). A judge will take these factors into consideration when determining if support will be paid.

Over time, situations may change which would warrant a review of the support and possibly an increase in the support provided. It is possible, not automatic, for spousal support to be modified for either party and for a number of reasons.

Some of these reasons may include the ability of one spouse to increase their earning potential through vocational change or inheritance, a remarriage in some cases warrants a modification, or an increase in needs based on the care for a dependent. A temporary modification is sometimes in order due to illness, loss of job or the loss of ability to earn income due to injury. There are MANY reasons why a modification of spousal support may be warranted, but there are careful considerations taken to ensure that the proposed need for modification can be proven.

If you have reason to believe that a modification to your spousal support is warranted, whether you are providing or receiving the support, you should seek the counsel of an attorney who specializes in family law. At the law office of Stanley E. Robison, Jr., we are dedicated to helping individuals navigate family issues such as these. Contact us online or by phone at 812-945-3055.

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