Divorce decrees often include spousal support orders meant to provide you with financial stability during and after your separation from your ex. What happens when the cost of living rises? Do these payments adjust accordingly?
The annual increase in spousal support payments is not automatic
In general, the original court order typically sets a fixed spousal support amount. Still, several factors can influence these payments and their potential for increase:
- Court-ordered adjustments: Some divorce agreements include provisions for automatic yearly increases.
- Cost of living changes: Inflation and rising expenses may lead to support modifications.
- Income fluctuations: Significant changes in either spouse’s income can trigger support adjustments.
- Duration of the marriage: Longer marriages may result in longer-term or higher support payments.
- Health and age of both parties: These factors can impact the need for and ability to pay support.
South Carolina law does not mandate automatic yearly increases in spousal support. However, it does allow for modifications based on substantial changes in either party’s circumstances.
It is important to note that some divorce agreements have a Cost of Living Adjustment (COLA) clause. This provision allows for automatic increases based on inflation rates. If your agreement has a COLA clause, you may see yearly increases in spousal support payments.
Changing your spousal support order with legal support is essential
If you believe your spousal support payments should increase or decrease, you will need to petition the court for a modification. For this action, it is essential to work with a qualified legal professional. Your South Carolina family law attorney can help you explore options regarding spousal support adjustments.
