Family Law Blog

Can You Increase Spousal Support?

Tuesday, September 17, 2019

alimony payment

If there is one thing that is certain in life, it is that circumstances can and will change. This is why spousal support can be so fickle. The circumstances that were your life at divorce can often change over time, but the question is, will they affect spousal support. In truth, you can increase and decrease the amount you get from spousal support payments depending on what is going on in your life. These circumstances include:

Both Parties Agree

The most rare reason is both parties can agree to lower or raise an alimony payment. Even in the most amicable divorces, this is not likely to happen, but a signed document by both parties taken to the court is good enough reason for them.

Cost of Living Adjustment

If there was a clause in your divorce that states alimony will be adjusted for the cost of living, this can cause alimony to go up in order to adjust to the annual cost of living. This often solves any future need to modify spousal support, but it can be a difficult clause for both parties to agree on.

Escalator Clauses

Similar to a cost of living clause in a divorce decree, there can also be an escalator clause. This means that when the spouse paying makes more money, they have to pay more in spousal support. However, this clause can be a gamble as it can work the opposite way as well.

Temporary Loss

If you have become unemployed temporarily, your spousal support can be modified temporarily. The courts could rule that payments stop for a short while or that they just decrease until whatever is affecting the spouse's life changes.

While divorce shouldn't be about who gets the most, you always want your fair share. If you are going through a divorce, contact us today to see how the Law Office of Jamra & Jamra can help.