It’s not uncommon in a marriage for one spouse to be the main financial provider. Thus, when spouses divorce one another in California, the court may account for each spouse’s income, earning potential, and related economic factors to determine if one spouse must pay alimony (also known as spousal support) to another.
Courts who order a spouse to pay alimony do not always require them to do so on a permanent or indefinite basis. Additionally, in some instances, spousal support may be terminated entirely.
If you’ve been ordered to pay spousal support but believe your agreement should be modified or terminated, you can petition the court accordingly. Enlist the help of a qualified lawyer when doing so. Our Glendale spousal support termination attorneys at Baghdaserians Law Group, Inc. will ensure you’re represented fairly and effectively.
Before learning about the essentials of spousal support termination in California, it’s important to understand that terminating spousal support is not the same as reserving it.
Reserving spousal support involves temporarily determining that neither party is to pay or receive spousal support after a divorce. However, a spouse can theoretically ask the court to reevaluate the issue of spousal support if circumstances warrant doing so.
For example, perhaps when you divorced your ex, both of you were financially capable of providing for yourselves without the need for additional support. However, perhaps one of you later loses their job or otherwise faces unexpected financial difficulties. If this were to happen, the spouse struggling to cope with a new financial situation can ask the court to order the other spouse to begin paying spousal support.
Terminating spousal support is different. When spousal support is terminated in California, there is virtually no way for either spouse to request spousal support in the future, even if their financial circumstances take a turn for the worse.
Under California law, the circumstances that may allow for the termination of spousal support are fairly limited. According to California Family Code Section 4337, “the obligation of a party under an order for the support of the other party terminates upon the death of either party or the remarriage of the other party.”
The first point is a matter of common sense. You can’t pay spousal support if you have passed away. If your ex has passed away, they can’t receive spousal support.
The second point is slightly more nuanced. California law assumes that if someone remarries after a divorce, their new spouse should be responsible for providing them with financial support. Thus, their ex may no longer be legally required to continue making the payments they were ordered to make when the divorce was finalized.
Knowing whether you have a chance of terminating spousal support or modifying your current alimony can be difficult if you’re unfamiliar with the applicable laws and standards. For more information about your options, review your case with a Glendale spousal support attorney at Baghdaserians Law Group, Inc. Get started by contacting us online or calling us at 626-460-9525 to schedule your free case evaluation.
We serve clients throughout California including, but not limited to, those in the following localities: Los Angeles County including Arcadia, Baldwin Park,
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.
