5 Reasons Why You Might Need To Modify Spousal Support
Spousal support can be ordered by the court, but it’s never guaranteed. As per Divorce Lawyers Melbourne, the court may choose to order maintenance, whether it’s temporary or permanent, while the divorce proceedings are going on and at the end of the case as well. A lot of people believe that spousal support will always be ordered by the court, but there are situations where you might want to modify spousal support – or not get it at all. Here are 5 reasons why your spouse might need to modify spousal support during their divorce process.
1) If you were the primary caregiver
In most cases, spousal support is calculated based on each spouse’s income and expenses at divorce. If you were, in fact, more of a homemaker during your marriage—cooking, cleaning and taking care of your children—and you earn less than your ex-spouse, it’s possible that you won’t be able to make ends meet on your own.
2) If your spouse took care of your children while you worked
If your spouse took care of your children while you worked, she might be entitled to receive spousal support or alimony, or financial assistance from you. Generally, if one spouse sacrifices a career for another, he or she can seek alimony during divorce proceedings. This doesn’t mean that spouses who stayed at home are always entitled to receive alimony in court; it depends on various factors, including why one spouse gave up work and whether he or she had any education that would make it easier for him/her to find a job after divorce.
3) If your spouse is unable to support himself/herself due to an illness
If you are supporting your spouse and he or she becomes disabled, it could be argued that you shouldn’t have to continue financially supporting them. Speak with your divorce lawyer about ways you can get out of continuing spousal support payments in a situation like this.
4) If there was fraud involved in creating the prenup agreement
If you suspect your partner lied about their assets, it is possible that their prenuptial agreement may be thrown out during divorce proceedings. This means that you will not have to abide by its terms and can seek support outside of it. If your partner has kept hidden bank accounts, fraudulent businesses or other sources of income, it is important to contact Divorce Lawyers Melbourne, with experience in family law.
5) The marriage had lasted less than 7 years
The minimum duration is 7 years. To modify spousal support, your marriage must have been longer than that. However, if you had a child with your spouse during those 7 years, you may be able to argue for an exception or modification of your spousal support obligations (read more here). It’s best to talk with a divorce lawyer about whether it makes sense for you and what kind of modification might be appropriate.
Many divorced couples don’t understand how spousal support works or what their legal rights are in a situation where it is either too high or too low. This post will explore five common misconceptions about spousal support and what you can do about them. The laws governing spousal support have changed in recent years, so if you think your ex may be paying too much or not enough for your lifestyle, consult with Divorce Lawyers Melbourne for help modifying your support agreement today!