During a divorce, you may work out spousal support, which will help the lower-income spouse be able to support children, live comfortably, and avoid job loss. Spousal support can help both parties avoid financial stress. Job changes can affect spousal support for either the receiving spouse or the paying spouse.
Keeping up with life’s challenges can be hard in a single-income household. Seeking a promotion or better job could change the amount of spousal support you receive or contribute. Alimony payments can be impacted when you change industries or advance in your current company. This support money helps to maintain both parties’ standard of living they had during the marriage. Below we will discuss how job changes and advancements can affect spousal support.
What Is Spousal Support?
Alimony is a financial payment made by one spouse to the ex-spouse who may have a lower income or no income. The amount of support is determined during the divorce proceedings and can depend on several factors. The state’s cost of living, current job, children, and splitting of assets can affect the amount of money an ex-spouse will receive.
Increased Vs. Decrease Income
When a paying spouse sees an increase in their annual pay, the receiving spouse could request an increase in payment. Courts could see the higher-earning spouse as being able to contribute more now that their paycheck has increased. The change must be ongoing and substantial for a court to rule on an increase in spousal support.
An increase in income from the lower-earning party could also impact spousal payments. The higher-earning party could request to pay less support now that the other party is working or making a higher wage.
Decreases from either party can be an instance of changing spousal support payments. As the cost of living increases and salaries stay the same, more support from an ex-spouse could be necessary. It is important to note, that an increase or decrease in income does not automatically constitute a change in alimony payments. Attorneys and a court will need to discuss and assess all aspects of your life before changing the terms of spousal support.
Voluntary Unemployment
If a spouse voluntarily reduces their income, the courts will scrutinize every angle of this choice. For a spouse who quits their job or takes a lower-paying position without a valid reason, courts could revoke spousal support or refuse to make changes. When alimony payments are developed, the court takes into account what the receiving spouse could make depending on skills, education, experience, and physical capability. The contributing spouses’ skills and education will also be considered when determining if job changes impact the payment.
Temporary Or Permanent Advancement
Job changes are often permanent, but there are temporary promotions that could occur. Temporary employment or temporary reassignments are not eligible for changes in spouse support. Job changes must be sustainable and continuous to impact alimony payments. Temporary unemployment or reassignment may not warrant a change in the amount of money a spouse receives. A stable change is more likely to adjust spousal support payments as that income will be accessible in the coming years.
The Process Of Modifying Spousal Support
Every divorce and alimony proceeding will look different. During an income change, a party must submit a motion to the court that originally submitted the spousal support order. The court will look at current payments, increase or decrease in income, job longevity, and the impact it could make for the other ex-spouse.
The court will determine if a support change is necessary for both parties to remain comfortable. Each spouse has the opportunity to present evidence and discuss their case with the court before a decision is made.
Professional Divorce Advice From KNK
The lawyers here at KNK are the experts in complex divorce. Kaufman Nichols and Kaufman offer divorce advice and will represent you throughout the long process. In addition to divorce law, we also cover personal injury law, criminal law, estate planning, and real estate law.
Whether you are seeking a better division of assets or more spousal support, we are here to encourage you. Our lawyers are the best in Utah and can help you negotiate job changes that could increase your spousal support. Reach out to us and learn more about our lawyers today!