After 26 years of marriage, my divorce was final in March 2012. We did not get lawyers and my ex-husband came up with the stipulated judgment, including an attachment explaining how he arrived at the numbers. I signed it because I was not in a emotional position to fight him on it. My spousal support is just $400/month, and is ending in May 2014 (because my ex-husband believed that 2 years would allow me sufficient time to support myself). I have been self-employed for 20+ years, and my business has been very low for the last 3-4 years but I have hung on. I continue to search for additional employment to supplement my business, to no avail (I’m 55, so I’m sure my age is playing into my difficulty finding work). I worked from home while our 2 children grew up, and I helped put my husband through a Master’s program as well as 6 months off of work and an additional 10 months of unemployment. I would like to discuss whether I have a case for an increase in both the amount and the length of spousal support, since I make about 25% of what my ex-husband makes. I even have to move and live with friends because I can no longer make it on my own financially. Can I go back to court to request for an increase in spousal support? Answered June 10, 2013
Based on what you have stated, you may be qualified to apply for spousal support modification. There are several factors that the court would consider in awarding spousal support such as the length of marriage, the capacity of the spouses to earn, etc. It was unwise to have gone through divorce without consulting a legal expert, so don’t make that same mistake and personally work with one this time. An attorney who specializes in divorce could give you the necessary advice and guidance in going through the application for spousal support modification.