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Can My Ex Request an Increase in Spousal Support?

December 04 2023
By Virginia Family Law Center

When going through a divorce, dealing with spousal support can be a complex and challenging issue. There may be concerns about whether an ex-spouse can request an increase in spousal support. In Virginia, there are several key regulations and factors that determine whether your arrangements can be modified. Virginia Family Law Center, P.C., is available to help you resolve your legal matter. Discuss your spousal support case with our attorney to receive specific guidance.

Understanding Spousal Support Regulations in Virginia

In Virginia, either party can petition the court to modify the amount or duration of spousal support under certain circumstances. The court has the authority to increase, decrease, or terminate spousal support depending on changes in circumstances. However, it is important to note that any modifications will only affect future payments and cannot retroactively alter past due amounts.

Spousal support automatically terminates upon the death of either party or remarriage of the spouse receiving support. The spouse entitled to support has an obligation to notify the payor spouse immediately of remarriage.

Factors Impacting Spousal Support Modification

Several factors could lead to a modification of spousal support. The most common is a material change in circumstances, such as a significant increase or decrease in either party’s income or employment status. For instance, if the payor spouse experiences a significant increase in income, the recipient spouse might be eligible for increased support.

The court also considers other factors, such as the duration of the marriage, the financial obligations of both parties, their education, health, and the standard of living established during the marriage.

Requesting an Increase in Spousal Support Payments

If you wish to request an increase in spousal support, it is crucial to understand that the court will require evidence of a material change in circumstances. It would be advantageous to gather all relevant documentation that demonstrates this change, such as pay stubs, tax returns, or medical records.

Retirement and Spousal Support Modification

The attainment of full retirement age by the payor spouse is considered a material change in circumstances. This means that retirement could potentially lead to a modification of spousal support, but it would depend on several factors, including whether retirement was contemplated at the time of the original award and the financial condition of both parties post-retirement.

Talk to An Attorney to Determine Whether Your Ex Can Request an Increase

Depending on your situation, your ex may be able to request an increase in spousal support. However, they must prove to the court that a material change in circumstances has occurred since the last order was issued. It is then up to the court’s discretion to decide whether an increase is warranted.

Navigating through the complexities of spousal support can be challenging without professional guidance. At Virginia Family Law Center, P.C., our team is well-versed in the nuances of Virginia spousal support laws. We can provide the necessary legal advice and representation you need during this trying time. If you have questions or need assistance with your spousal support case, do not hesitate to contact us today.

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