Modification of Spousal Support

An award of spousal support may be modified, generally, any time prior to the termination date set by the judgment of divorce, if one is set, or may be set aside on the grounds of fraud, mistake, undue influence, duress, etc., provided it is made within statutory time limits (California Code of Civil Procedure 473, Family Code 2120). If the judgment of divorce is silent on the issue of spousal support, and the court has not reserved jurisdiction, no request for support may be made at a later date. In determining whether to modify an order for spousal support, the court will not consider the standard of living of the parties during the marriage, but rather whether the original amount ordered by the court was sufficient to reasonably meet the needs of the supported party. (See generally, Family Code sections 3603, 3651(c), 4333, and 4335)


Copyright © 1999 Roy A. Barry, all rights reserved.