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- 27 Oct 2025
Your ex-spouse just inherited a substantial amount of money, and you’re still writing monthly spousal support checks. You’re probably wondering if this windfall changes your support obligations.
The answer isn’t straightforward. California courts can modify spousal support when there’s a significant change in financial circumstances, but inheritance money comes with specific legal considerations that differ from regular income changes.
Whether you’re the one paying spousal support or receiving it, an inheritance could mean changes to your existing order. A Riverside divorce attorney at the Knez Law Group, LLP, can help you make changes to your existing spousal support order. We know what evidence you need to request a modification, and the specific steps to take based on your situation. Reach out to our law firm today at (951) 742-7681.
If you’re paying spousal support and your ex gets an inheritance, you might be able to change your payments. What matters is how much money they got, if that money makes more money each month, and if they still need as much support as before. Courts don’t automatically reduce or eliminate support just because your ex inherited money, but they will consider how the inheritance impacts their ability to be self-supporting.
For those receiving support who discover their ex inherited money, you might wonder if you can request an increase. While possible in some situations, inheritance typically doesn’t create the same modification opportunities as other income sources.
California Family Code Section 4320 governs spousal support modifications, and understanding how inheritance fits into these guidelines requires careful legal analysis.
Inheritance is classified as separate property in California, meaning it belongs only to the person who received it. This classification matters significantly when determining spousal support modifications.
California Family Code Section 4320 requires courts to consider “the obligations and assets, including the separate property, of each party” when making spousal support decisions. However, inheritance doesn’t automatically trigger a support modification just because it exists.
The critical question isn’t whether your ex inherited money, but how that inheritance affects their current financial needs and ability to be self-supporting. California courts focus on three main aspects:
Here are the main ways an inheritance can help you change your spousal support:
If your ex gets a lot of cash that covers way more than their monthly bills, courts might lower your support payments. The money has to be enough to really change how much help they need.
Things like rental houses, stocks that pay dividends, or businesses that make monthly income give you good reasons to ask for changes. Courts will count this new income when they look at your support payments again.
If your ex uses inheritance money to pay off big debts, they won’t need as much money each month. Getting rid of debt can be a good reason to lower support payments.
When inheritance allows your ex to maintain their standard of living without support, modification becomes more likely. However, courts won’t penalize someone for prudent financial management of inherited assets.
Building a strong case requires specific documentation proving how the inheritance changes your ex-spouse’s financial circumstances:
To modify spousal support, you must file Form FL-300 (Request for Order) with the court that issued the original support order. The process involves several key steps:
File your modification request promptly after discovering the inheritance. Waiting too long can weaken your case, especially if your ex has already spent the inherited money.
You must prove that the inheritance creates a “material change in circumstances” that justifies modifying support. Courts won’t modify support for minor financial changes.
If inherited assets generate ongoing income, present realistic projections of future earnings. Courts prefer conservative estimates over optimistic speculation.
These inheritance cases can get complicated fast. California law (California Family Code Section 4322) says courts must end spousal support if someone inherits enough money to support themselves and has no young children. But figuring out what counts as “enough money” isn’t always clear.
Inheritance cases touch on many different laws, including support rules, property rules, and tax rules. Each case is different, and judges have considerable discretion in making decisions. Having a good lawyer in your corner who knows these cases makes a big difference in getting the result you want.
If your ex-spouse has inherited money and you’re still paying spousal support, don’t assume the inheritance won’t affect your obligations. Similarly, if you’re receiving support and learn your ex inherited assets, understand your rights regarding potential support modifications.
Time is critical in these cases. The longer you wait to address inheritance-related changes, the more difficult it becomes to obtain favorable modifications. Courts want to see prompt action when financial circumstances change significantly.
Ready to explore your spousal support modification options?
The experienced family law attorneys at Knez Law Group, LLP know how inheritance affects spousal support in California. We’ll look at your case, gather the right paperwork, and fight for a fair change that makes sense for your situation.
Knez Law Group, LLP serves families in the Inland Empire, Orange County, and Los Angeles. For help with a divorce or family law issue, contact us today or call us at 951-742-7681 for a free initial consultation.
Don’t let an inheritance unfairly change your spousal support payments. Take action to protect your money.
