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The Law Offices of Paul H. Nathan

Q:
My ex-spouse’s income increased significantly after our divorce. Can I request an increase in California spousal support?

A:

The primary purpose of California spousal support is to maintain the standard of living that existed during the marriage. That means that the amount of spousal support you receive is calculated based on the income and standard of living that you and you and your former spouse had while you were married.  The court also considered:

  • The length of the marriage;
  • Each spouse’s earning ability;
  • Your ex-spouse’s ability to pay spousal support;
  • Your education;
  • Your work experience;
  • Your ability to find a job;
  • The best interest of any children;
  • Your age and health;
  • Your ex’s age and health;
  • Taxes;
  • Whether there was domestic violence in your relationship; and
  • Other factors

The fact is that a current increase in your ex-spouse’s income does not affect the standard of living that you shared when you were married. The change in his circumstances will not have any effect on the amount of spousal support.

What if your ex got a raise because you helped him further his education or improve his career prospects? Unfortunately, this does not change the conditions of spousal support. 

It is important that all factors be considered when agreeing on spousal support in California. Make sure your interests are protected now and in the future. Contact the San Francisco spousal support attorneys at The Law Offices of Paul H. Nathan at 415-341-1144.