Can The Amount Of Spousal Support In A Divorce Be Modified?

The amount of spousal support can be modified if there has been some substantial change in the condition of one of the parties. The judges have a lot of discretion in deciding what that means. How it is calculated depends on the income disparity between the parties. The courts attempt to equalize an award in such a way that there’s not a significant change in the lifestyle of either party. The court is not going to expect one spouse to request public housing when the other spouse has the income to maintain the same lifestyle. Modification requires an experienced attorney to conduct the proper discovery to investigate exactly what income exists.

Cases involving private businesses and self-employed individuals are very complicated because it’s very hard to determine how much that person earns or what their business is worth. Courts will typically permit an expert business valuation to be undertaken, to better understand those economics. Representing clients in divorce cases is very emotionally challenging because this is, for many people, the most significant hardship in their life. They’re not always thinking objectively and it’s important that they have an attorney who can assist them and can appreciate that decisions are being made. The mental attention that I give to one divorce case is probably equal to seven or eight personal injury cases because of the gravity of the emotional condition that the person is in.

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