Spousal Support Modification Based on Ability to Pay

The supporting spouse's ability to pay spousal support and the needs of each party based on the marital standard of living

In some cases, the supporting spouse is concerned that s/he will have to pay more spousal support because his or her income has significantly increased since the time of the divorce. However, it is important to note that post-separation income increases for the supporting spouse may NOT be considered by the court as a basis for increasing or modifying spousal support. Rather, it is the standard of living established during the marriage that the court must consider when reviewing a modification of spousal support request.

The court can't consider a modification of spousal support based on the income of the supported spouse.

It is also important to note that, in spousal support modification proceedings, the court is precluded from considering, either directly or indirectly, the income of the supporting spouse’s subsequent spouse or non-marital partner. 

Modification of spousal support based on standard of living

If you have not yet established your initial spousal support order, one thing we might seriously consider, if you and/or your spouse have a very high income, is to undergo what is called a “standard of living analysis” that can be performed by a forensic accountant. This is an effective way to modify spousal support. 

Several recent cases have specifically recognized, and given great weight to, this kind of numerical analysis that first calculates, on a monthly basis, what your marital standard of living is based on what you and your spouse spend in various categories (such as mortgage payments, credit card payments, etc.), and then allocates those expenditures to determine what monetary amount it would take to replicate that standard of living for each spouse individually.

Standard of living analysis are especially useful tools in high income cases because they can help us establish that, even though one or both spouses have very high earnings, they are actually living a moderate lifestyle which would not lend itself to such a high spousal support award.

We can also use the findings of the standard of living analysis to help us create an “exit strategy,” so to speak, which will put you in a better position to go back to court at a later date to request a termination or downward modification of support.

To provide more specific information on how we can help you with Spousal Support Modification, please call us at (949) 231-1305 for a personal consultation.