Can My Ex Request an Increase in Spousal Support?

By Sharie Reyes Albers, Partner, Virginia Family Law Center

Your former spouse can request increased spousal support in Virginia, but a raise, bonus, or successful business does not automatically mean you must pay more. For an existing award subject to modification, the requesting spouse generally must prove a material change in circumstances and show that the change warrants a higher payment. The court must also consider the existing order and any agreement restricting modification.

The same rules matter if you receive support. A significant change in your financial needs or your former spouse’s ability to pay may justify reviewing the award. However, a salary difference alone does not determine the outcome.

This guide explains when an increase may be available, how Virginia courts evaluate financial evidence, and what to do when you are requesting or opposing higher support.

For an explanation of initial support awards, see our guide to spousal support in Virginia.

What Must Someone Prove to Increase Spousal Support?

Virginia Code § 20-109 governs modification of spousal support. Whether a particular obligation can change depends on the statute, the type of award, and the terms of any controlling agreement.

For a modification based on changed circumstances, the analysis generally involves two separate questions.

1. Has There Been a Material Change in Circumstances?

The requesting spouse must identify a meaningful change affecting the receiving spouse’s financial needs or the paying spouse’s ability to pay. Relevant changes may include a substantial earnings increase, loss of employment income, disability, new medical expenses, or significant changes in financial resources.

The comparison generally concerns circumstances underlying the most recent judicial review of support and circumstances at the modification hearing. A current pay statement alone may not establish what changed.

Virginia does not set a universal percentage increase in earnings that automatically qualifies as a material change in every spousal support case. The applicable legal standard and financial evidence matter.

Whether the claimed change was reasonably contemplated when support was established may also be important. Defined-duration awards have specific statutory requirements, discussed below.

2. Does the Change Warrant Higher Support?

Proving a material change does not establish the amount of any increase or guarantee that support will change at all.

The court must separately decide whether the change justifies modifying the obligation. A substantial raise may affect ability to pay, but the recipient’s financial needs, resources, and the governing agreement remain relevant.

In Street v. Street, 25 Va. App. 380 (1997) (en banc), the Court of Appeals explained this distinction between establishing a material change and showing that the change warrants modification.

Can My Ex Get More Alimony Because I Earn More Money?

Possibly. Higher earnings can support a modification request, but they do not create an automatic entitlement to a share of your raise.

A court may need to examine:

• The amount and source of the additional income.
• Whether the increase is recurring, temporary, or contingent.
• The financial circumstances underlying the existing award.
• The receiving spouse’s income, expenses, earning capacity, and resources.
• The paying spouse’s financial resources and obligations.
• Any restrictions or adjustment provisions in the agreement.

Must the Receiving Spouse’s Expenses Also Have Increased?

Not necessarily. A change affecting ability to pay can be relevant even when the recipient’s expenses have not increased.

For example, the existing award may have left documented needs unmet because the paying spouse lacked sufficient resources. An improvement in that spouse’s ability to pay may support reconsideration of the award. The requesting spouse still must establish why a higher payment is warranted under the applicable law and agreement.

That is different from assuming that every post-divorce promotion entitles a former spouse to additional money.

How Does the Marital Standard of Living Matter?

Financial need is not limited to basic survival expenses. The standard of living established during the marriage is relevant, together with the parties’ resources and the paying spouse’s ability to pay.

However, spousal support does not automatically give the recipient a right to share in every improvement in the paying spouse’s post-divorce lifestyle.

A useful financial presentation explains the expenses being claimed, how those expenses relate to the support request, and what resources are available to meet them.

Is There a Formula for Calculating the Increase?

Virginia has no statewide formula that automatically recalculates final spousal support when earnings increase. A 20% raise does not mean support must rise by 20%.

Under § 20-109(G), after finding a material change, the court may consider relevant factors from § 20-107.1(E) and § 20-109(F). The statute also requires consideration of the parties’ assets or property interests from the support order through the modification hearing, including income generated by those interests.

An individual agreement may contain its own calculation or adjustment provision. That provision must be reviewed separately.

Can a Divorce Agreement Prevent an Increase?

Yes. The agreement may determine whether an increase is available, even when financial circumstances have changed substantially.

Review the entire support provision, including language addressing amount, duration, modification, termination, and financial events that trigger adjustments.

Agreements Executed on or After July 1, 2018

Under § 20-109(C), a modification request based on a material change in circumstances or the agreement’s terms cannot be denied solely on the basis of the terms of an agreement executed on or after July 1, 2018, unless the agreement expressly states that the amount or duration of support is nonmodifiable.

This does not guarantee modification when express nonmodifiability language is absent. The requesting spouse must still establish the applicable grounds for relief.

Earlier Agreements

For agreements executed before July 1, 2018, do not assume that silence about modification gives the court authority to change the obligation. The agreement’s language and applicable law require careful review.

A provision allowing changes to the amount also should not be assumed to permit changes to the duration, or vice versa.

What if the Agreement Already Requires Additional Payments?

Some agreements contain provisions tied to bonuses, income, or scheduled adjustments. A request to calculate or enforce an existing obligation may be different from a request to modify support.

Before disputing a demand for additional money, determine whether your former spouse is requesting a new obligation or claiming that the current agreement already requires the payment.

The wording, calculation method, disclosure requirements, and relationship between the agreement and court order may all matter.

How Do Bonuses, Stock Awards, and Business Income Affect Support?

For executives, professionals, and business owners, base salary may describe only part of the financial picture.

A support dispute may require examination of bonuses, commissions, restricted stock units, stock options, deferred compensation, business distributions, and other resources.

Bonuses and Commissions

A recurring annual bonus may show a different level of financial capacity than a one-time payment. Relevant records can establish:

• How the compensation is earned.
• Whether it depends on performance or other conditions.
• When it becomes payable.
• The history of similar payments.
• Whether the existing agreement already addresses it.

Neither party should assume that one unusually high or low compensation year accurately represents the entire financial situation.

RSUs, Stock Options, and Deferred Compensation

Equity awards can have grant dates, vesting schedules, exercise requirements, restrictions, and tax consequences. The announced value of an award may differ from its current value or the cash available to the employee.

At the same time, the absence of an immediate cash payment does not make substantial equity compensation irrelevant.

Gather the award agreements, vesting statements, transaction records, and related tax documents. If an award was also addressed in the divorce’s property division, provide those documents so counsel can evaluate its treatment accurately.

Business Ownership and Self-Employment

Business revenue, accounting profit, owner distributions, and personal income are related but different figures.

A company may have legitimate operating expenses, debt obligations, working-capital needs, or retained earnings. Conversely, a salary figure alone may not explain the financial benefits an owner receives.

Useful records may include:

• Business and personal tax returns.
• Schedule K-1 forms.
• Profit-and-loss statements and balance sheets.
• Payroll and distribution records.
• Ownership documents.
• Records explaining retained earnings and business expenses.
• Documents concerning sales, buyouts, or other unusual transactions.

The goal is to explain the financial circumstances with records that support the claimed income and resources.

Investments and Other Assets

Asset value, income generated by an asset, and access to cash are separate questions. A retirement account, business interest, and accessible investment account may affect the analysis differently.

Both parties should be prepared to explain their assets, associated liabilities, income, and relevant restrictions. Avoid assuming that all property is immediately available to spend or that assets producing little current income are necessarily irrelevant.

What if the Spouse Receiving Support Has Lost Income or Faces Higher Expenses?

A request for increased support may arise from the recipient’s changed circumstances even when the paying spouse’s earnings remain stable.

Potential changes include:

• A medical condition that reduces earning capacity.
• Loss of employment.
• A substantial increase in necessary medical or insurance costs.
• Loss of an income source previously considered in the award.
• Other material changes affecting documented financial needs.

The reason for the change matters. A job loss, voluntary career change, and inability to work because of a medical condition require different evidence.

If employment or earning capacity is disputed, relevant information may include job-search efforts, qualifications, available positions, compensation levels, and documented health limitations.

On the other side, increased earnings or investment income received by the supported spouse may affect whether additional support is justified. Neither spouse’s financial situation should be examined in isolation.

Can Fixed-Duration Spousal Support Be Increased or Extended?

Some defined-duration awards can be modified, but the filing deadline is critical.

For awards governed by § 20-109(B), the modification petition must be filed within the duration of the award. The statute permits changes to amount or duration upon the required findings, including:

• A material change in circumstances not reasonably contemplated when the award was made; or
• The failure, through no fault of the requesting party, of an event the court anticipated and considered significant when making the award.

Subsection B applies to initial support suits filed on or after July 1, 1998, and modification suits arising from those initial proceedings. Contractual restrictions also require review.

Do not wait until the last payment has passed to ask whether an award can be extended. Filing during the award’s duration and proving grounds for modification are separate requirements.

What if Support Was Reserved or Waived?

Exercising a reservation of support is different from increasing an existing payment. A reservation preserves a potential right to request support later, subject to its terms and applicable law.

If the decree reserved support, waived support, or awarded none, review the actual documents before assuming that an increase petition is available. Reservation rules appear in § 20-107.1(D).

What Do Virginia Court Decisions Tell Us?

The following decisions involved requests to reduce support. They are useful here because they explain principles governing modification. They do not establish that a raise automatically justifies an increase.

Dailey v. Dailey: A Material Change Does Not Decide the Result

In Dailey v. Dailey, 59 Va. App. 734 (2012), the dispute involved retirement and an agreement permitting modification. The Court of Appeals reversed and remanded, leaving the trial court to decide whether the changed circumstances warranted changing support.

Why it matters: Establishing a material change and establishing entitlement to a different payment are separate steps.

Driscoll v. Hunter: Ability to Pay Can Involve More Than Wages

In Driscoll v. Hunter, 59 Va. App. 22 (2011), the Court of Appeals affirmed the refusal to reduce support despite the paying spouse’s retirement. His substantial financial resources were relevant to his continuing ability to pay.

Why it matters: A court need not evaluate ability to pay solely from employment income. However, this decision should not be read as a universal requirement that support recipients exhaust their property before receiving support. The opinion distinguishes those issues.

Nielsen v. Nielsen: Evaluate the Entire Compensation Picture

In Nielsen v. Nielsen (Va. Ct. App. 2021), the Court of Appeals affirmed a reduction in spousal support following a substantial decline in the paying spouse’s earnings. The financial history included salary, bonuses, stock compensation, a severance payment, and subsequent employment.

The court distinguished the threshold question of whether a material change occurred from the separate determination of whether the parties’ circumstances justified changing support.

Why it matters: Complex compensation requires more than comparing base salaries. Although Nielsen involved a reduction rather than an increase, it illustrates why compensation records, employment circumstances, and the parties’ broader finances matter in a modification proceeding.

How Do Current Retirement Rules Affect These Decisions?

The current statute must be considered alongside older decisions. Section 20-109(E) treats the paying spouse’s attainment of full retirement age, as defined by the statute, as a material change. Early retirement is excluded from that definition.

Reaching full retirement age does not automatically determine the resulting payment. Section 20-109(F) identifies factors for qualifying retirement-based proceedings, and applicable agreement restrictions remain important.

What Evidence Helps Support or Oppose an Increase?

Build a comparison between the financial circumstances underlying the existing award and the circumstances supporting or opposing modification.

Start with these documents:

• Governing documents: The divorce decree, support order, settlement agreement, and later modification orders.
• Prior financial evidence: Income records, financial statements, and findings relevant to the previous support determination.
• Current earnings: Pay statements, tax returns, employment agreements, and compensation records.
• Variable compensation: Bonus histories, commission statements, stock awards, and vesting records.
• Business records: Returns, financial statements, ownership information, and distribution records.
• Assets and liabilities: Investment statements, retirement accounts, property information, and debt records.
• Expenses: An accurate budget supported by bills, statements, and other records.
• Health or employment evidence: Documents relevant to asserted work limitations, job loss, or earning capacity.

If You Are Requesting an Increase

Identify the change, explain its financial effect, and connect the amount requested to supporting evidence. Distinguish existing expenses from projected costs and explain any estimates.

If your position is that the original award left needs unmet, identify the prior evidence and explain how the paying spouse’s circumstances have changed.

If You Are Opposing an Increase

Evaluate both parts of the legal test. You may dispute whether a material change occurred, whether it warrants an increase, or whether the requested amount is supported.

Check for one-time income, unsupported expenses, compensation already addressed by the agreement, and restrictions on modification. Provide complete records explaining your position rather than relying on the statement that the divorce is already final.

How Do You Request or Oppose a Support Increase?

1. Review the order and agreement. Determine whether modification is available and identify deadlines or adjustment provisions.
2. Identify the claimed change. Compare the relevant prior circumstances with the current financial situation.
3. Use the proper court procedure. The appropriate filing and court depend on the existing order and procedural history.
4. Provide legally required notice. Notice affects both the proceeding and the potential effective date of a modification.
5. Exchange and evaluate financial evidence. Contested compensation or business issues may require discovery and financial analysis.
6. Negotiate or present the dispute to the court. An agreed resolution should be documented and made legally effective. Otherwise, the court determines whether relief is justified.

Under § 20-109(G), an order granting or denying modification must be accompanied by written findings and conclusions identifying the statutory factors supporting the decision.

For more procedural detail, see our support modification process guide.

Can an Increase Apply to Earlier Months?

An increase generally cannot reach back to the date of a raise merely because the raise occurred then.

Under Virginia Code § 20-112, modification may affect a period while a petition is pending, but only from the date legally required notice of that petition was given to the responding party, subject to the statute’s exception.

For example, suppose a raise occurs in January, the petition is filed in June, and required notice is given in July. Filing in June does not, by itself, make June the effective date. Nor does the January raise automatically permit an increase beginning in January.

A claim that an existing bonus or adjustment provision was not followed raises a different issue from retroactively changing the support obligation.

What Should You Pay While the Request Is Pending?

A request for an increase does not, by itself, establish a new payment amount. Continue complying with the existing obligation unless it is legally changed or otherwise ends under applicable law.

Keep payment records. If an increase is later made effective for an eligible period while the petition was pending, an additional balance may be due for that period.

Key Takeaways

• A raise can matter without automatically requiring higher support.
• The requesting spouse generally must establish both a material change and a reason to modify the award.
• The existing agreement may restrict modification or already require an adjustment.
• Business income, equity compensation, and assets need careful documentation.
• Defined-duration filing deadlines and legally required notice can affect available relief.

Frequently Asked Questions

Can my ex increase alimony just because I received a raise?

A raise may support a modification request, but it does not automatically justify higher support. The requesting spouse generally must establish a material change and show why it warrants an increase. The existing order and agreement also matter.

Does my ex have to prove increased expenses?

Not necessarily. A material improvement in the paying spouse’s ability to pay may be relevant even without increased expenses, including when the existing award left documented needs unmet. The court must still determine whether the circumstances justify a higher payment.

Can support increase if our agreement says it is nonmodifiable?

An enforceable nonmodifiability provision can prevent an increase. The execution date, exact language, and whether the restriction concerns amount, duration, or both require review. Section 20-109(C) contains a specific rule for agreements executed on or after July 1, 2018.

Does a large bonus automatically count as a reason to increase support?

No. A bonus may be relevant, but its nature, timing, recurrence, and treatment under the existing agreement matter. If the agreement already requires a bonus-based payment, the issue may concern calculating or enforcing that provision rather than modifying support.

Can higher living costs justify more alimony?

Potentially. Material changes in documented expenses may support a request, but higher costs do not automatically establish entitlement to an increase. The court must evaluate the applicable legal requirements and the parties’ financial circumstances.

Can fixed-duration support be extended after it expires?

For awards governed by § 20-109(B), the modification petition must be filed during the award’s duration. Do not wait until the payment period has ended to seek advice. A timely petition still requires proof of the applicable grounds for modification.

Can we agree to higher support without a contested hearing?

The parties may be able to resolve the dispute by agreement. However, do not assume an informal understanding replaces an existing court order. Document the terms and use the appropriate procedure to make the change legally effective.

Related Virginia Spousal Support Resources

• How Virginia Courts Decide Spousal Support
• When Spousal Support Is Awarded in Virginia
• The Support Modification Process
• Support Modification Legal Services
• Spousal Support Legal Services

Legal Sources

• Virginia Code § 20-109: Support modification, agreements, retirement, and required findings.
• Virginia Code § 20-107.1: Support factors and reservations.
• Virginia Code § 20-112: Notice and limits on retroactive modification.
• Street v. Street, 25 Va. App. 380 (1997) (en banc): The two-part modification test.
• Dailey v. Dailey, 59 Va. App. 734 (2012): The separate determination of whether changed circumstances warrant modification.
• Driscoll v. Hunter, 59 Va. App. 22 (2011): Ability to pay and financial resources beyond wages.
• Nielsen v. Nielsen (Va. Ct. App. 2021): Changed earnings, employment circumstances, and the separate stages of the modification analysis.

About the Author

Sharie Reyes Albers is a Partner at Virginia Family Law Center, P.C. She represents clients in Northern Virginia in family-law matters, including divorce, spousal support, and equitable distribution.

This article provides general information about Virginia law and is not legal advice. Whether spousal support can be increased depends on the facts, governing documents, and applicable law. Reading this article or contacting the firm does not establish an attorney-client relationship.