Can an alimony award be modified if the recipient's income increases?

Yes, an alimony award can be modified if the recipient’s income increases in California. California Family Code 4320 allows for alimony modifications when there is a showing of “changed circumstances” that make the existing spousal support amount “unjust or inappropriate.” In the case of a recipient’s increased income, the court will usually review the full spectrum of financial circumstances of the recipient spouse. If the income increase is substantial, then the court may modify the alimony award. Modification of an alimony award can also occur if there is a decrease in the payor spouse’s income. In such cases, the court will again look at the entire financial picture of the parties and decide if there is a reasonable basis to modify the original alimony award. As a general rule, a recipient’s income increase can also be considered a changed circumstance that warrants alimony modification. If the change is substantial and results in a financial windfall for the recipient, then the court may deem it appropriate to reduce alimony accordingly. In any case, the court will make its decision based on the facts presented and make a decision that is in the best interests of both parties.

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