Divorce spousal support is awarded in select cases to help offset the disparity between incomes or to assist one spouse with gaining skills to become self-supporting. Each case is decided based on its particular facts and the right to receive spousal support is not guaranteed.
Default Divorce
The definition of a default divorce depends on state law in your jurisdiction. Under some states, a default divorce occurs when the parties agree to all legal issues and file the appropriate paperwork. Under other states, a default divorce is entered when one party does not respond to the divorce petition. Thus, you will need to determine the legal definition of a default divorce in your state and the requirements.
If spousal support is awarded in a default divorce case, there is a chance that the case could be opened up again at a later date once the non-responsive spouse has been notified of the award. (This is only in states where default divorce is characterized by a non-responsive spouse). Once the non-responsive spouse takes action to reopen the case, the court is likely to at least hear the spouse out because their interests were not represented in the original case. The outcome will depend on the judge's discretion and the law in your jurisdiction.
In states where default divorce is characterized as an uncontested divorce, award of spousal support will generally only be modified if substantial changes occurred which make the arrangement unfair. This can include loss of income or employment, increase of income or inheritance by the payee spouse or remarriage of either party which changes the financial situation and responsibilities of the parties. If a party seeks modification, they must petition the court and attend a hearing at which evidence must be presented as to the need for a modification. It will be up to the court to decide whether the evidence supports a modification in your case.
Getting Legal Advice
If you need help with spousal support issues, a family law attorney can help you assess your case. Spousal support is generally reserved for certain cases in most states. These cases may include lengthy marriages and income disparity between the parties. Because state law varies, it is vital that you obtain legal counsel in your jurisdiction to find out the guidelines for spousal support in your case.
