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A party moving for modification must demonstrate to the court that |
Often a source of great anxiety in a divorce, spousal support is awarded when one spouse needs additional support and is not self-supporting. It is not awarded in every case, and, unlike child support awards, there is no standard formula.
Spousal support awards are designated as either transitional, maintenance, or compensatory. Transitional support may be ordered when a party requires additional training or education. Compensatory support may be ordered when one party made a significant financial or other contribution to the education, training, vocational skills, career or earning capacity of the other party. Maintenance support is a contribution by one spouse to the support of the other, and is awarded for a limited or indefinite duration. Maintenance support is more commonly awarded in medium and long-term marriages and when there is a large discrepancy in income potential between the two parties. Spousal support awards under certain specific circumstances can be modified post-dissolution. A party moving for modification must demonstrate to the court that (1) there has been a substantial change in economic circumstances, and (2) that the change was not anticipated at the time of judgment. Retirement is often a tipping factor to revise spousal support. Remarriage of a party is not in and of itself a basis for modification, but is dependent on the circumstances. A change in status does not automatically mean a change in support.. |