Unless the spousal maintenance obligation was subject to a Karon Waiver, the answer is most likely yes. However, the precise answer depends on the facts and circumstances of each case.
If the spousal maintenance obligation is stated in a divorce Decree, it will likely have a statement of the obligors income and expenses and of the recipients income and expenses.
If everything has remained the same and the recipient of spousal maintenance is now earning significantly more as compared to the time of the divorce Decree, the Court has the authority to reduce spousal maintenance.
One of the legal grounds to ask the Judge to reduce spousal maintenance payments is in the event of significantly increased or decreased earnings. Whether the actual increase rises to a level where it would be appropriate to reduce spousal maintenance will depend on each case. For example, if the person receiving spousal maintenance was earning $20,000 per year at the time of the divorce Decree but is now earning $60,000 per year, and the expenses have remained largely consistent, and there are no other extenuating circumstances, a Motion to Reduce Spousal Maintenance would likely be successful based on an increase of the recipient’s income.
If you are going to be the payor of spousal maintenance and it is your reasonable belief that your soon to be ex-spouse is going to earn more income in the future, it may be a good idea to include this expectation in the actual divorce Decree.
If you have any questions about a modification of spousal maintenance, please call me today at 651-647-0087 or reach out via our online contact form to set up your free consultation.