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#772700 - 10/24/16 01:54 AM Modification of Alimony Clause in Separation Agree
merime Offline

recently joined

Registered: 10/24/16
Posts: 1
My spouses attorney when drafting up the second spousal support agreement, ( first one had calculation of years wrong), put in a Modification clause stating : Modification is possible if his income goes below $90,000 with support of a W-2. Is this standard? It does not take into account that he is one , I have the kids. He has tons of vacation time, bonuses , severance, and unemployment benefits. Thank you for any thoughts!!!

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#772701 - 10/24/16 04:31 PM Re: Modification of Alimony Clause in Separation Agree [Re: merime]
TJMH Online   content

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Registered: 07/17/15
Posts: 347
Spousal support considerations are generally separate from child support - I assume that if you have the kids you're getting child support.

Spousal support considerations depend on the state you're in and I don't think there's any "standard", but unless the court specifically makes it unmodifiable or gives up jurisdiction it can usually be adjusted if a "change of circumstances" can be demonstrated. A significant reduction in his income, or a significant increase in yours, would probably be grounds for modification. Sounds like he's just trying to pre-negotiate a change to ensure he can get a modification. Up to you whether you want to accept or not.

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