Alimony, or spousal support, is one of the most contested issues in family law. When one spouse’s economic standing differs significantly from the other, a judge may order spousal support to be paid. Spousal support obligations do not last forever and will expire.
An experienced family law attorney determines how spousal support will affect you today and for years. Attorney Patrick Baghdaserians has litigated and negotiated countless spousal support orders and agreements. He evaluates the impact of alimony and is financially savvy enough to help clients achieve their goals.
At the Baghdaserians Law Group, Inc., Attorney Patrick will protect your rights and represent your best interests.
Whether you need to keep spousal support or intend to end alimony, our Pasadena spousal support termination attorneys are here for you. Schedule a consultation today by clicking here or calling (626) 460-9525.
Defining Spousal Support Orders in California
Generally, when one spouse is low-earning or unemployed, spousal support is awarded to prevent undue financial burden. There are varying types of spousal support a court can order, including:
- Temporary spousal support: Temporary spousal support is usually ordered during the divorce process as a means of ensuring the lower-earning spouse can cover living expenses
- Rehabilitative spousal support: The most common spousal support awarded is rehabilitative. This allows the lower-earning spouse to better their financial stature.
- Permanent spousal support: The rarest type of alimony awarded is permanent spousal support. If a spouse ends a long-term marriage and the advanced age or illness of the lower-earning spouse prevents them from earning an income, permanent alimony may be awarded.
How Will a Judge Determine the Duration of Spousal Support
A judge may consider several factors when deciding whether or not to order spousal support and for what duration. While the income of each spouse is the dominant factor, the court will consider the following:
- How long did the marriage last?
- Was there an ongoing problem of domestic abuse?
- Did the union produce children?
- Did the support-seeking spouse’s sacrifice earn the potential to stay home and raise children?
- Did the alimony-seeking spouse financially support the other spouse for school or opportunity during the marriage?
- Can the support-paying spouse pay alimony without jeopardizing their financial health?
- Does either spouse have outstanding debts? Assets? Separate property?
- What are the ages and health status of both spouses?
The court will consider any other factors it deems essential to the case. Alimony is awarded on a case-to-case basis, and judges evaluate each petition on merit.
Can A Spouse End Alimony in Pasadena
At any point, a spouse can petition the court to end or alter the spousal support order. At the Baghdaserians Law Group, Inc., our spousal support termination attorneys can help.
In some cases, spousal support will end without interference. For example, if the marriage was not “long duration,” the provision’s stated period determines how long the payments last unless the court retains jurisdiction in the spousal support order to extend it beyond the period. For a long-duration marriage, the court can lengthen the support term. This, of course, can be altered by the parties through a written agreement.
When a court makes an order on spousal support or when the parties agree, the parties must be represented by attorneys who aggressively and assertively ensure their respective party’s intentions are manifested in exceedingly clear terms. What goes down in writing in the agreement or court order will echo years, sometimes decades.
To ensure your spousal support agreement is flexible, ensure the order:
- Is agreeable to both spouses
- It may be changed if income changes by a certain percentage
- It may be altered if one spouse becomes disabled
Reasons for Spousal Support Termination in Pasadena
There are various reasons an individual who’s been ordered to pay alimony or spousal support may petition the court for termination of an existing spousal support agreement. The following are among the more common reasons cited:
- Loss of employment: If the spouse who pays alimony loses their job and doesn’t appear to have a good chance of finding similar employment shortly, they may no longer be able to pay alimony due to this unexpected change in their financial circumstances. However, a request for termination of alimony might not be granted if it can be shown that the paying spouse voluntarily quit their job or simply isn’t attempting to find a new one that offers similar pay to what they had been earning.
- Illness or injury: If the ex-spouse who pays alimony develops a severe infection, sustains a significant injury, or otherwise becomes disabled, their ability to continue making alimony payments will be limited. The court might grant a petition for spousal support termination accordingly.
- Retirement: Sometimes, if the paying spouse reaches retirement age, they can justify ending spousal support. They must show the court they aren’t retiring because they wish to stop paying alimony.
- Inheritance: A change in the financial circumstances of the paying spouse isn’t the only reason spousal support termination may be justified in California. Spousal support termination might also be an option if the receiving spouse’s financial situation dramatically improves. For example, if they receive a substantial inheritance, it may be argued that they no longer need to collect alimony payments to sustain their lifestyle.
- New employment: Rehabilitative spousal support orders are designed so that the spouse who receives alimony payments continues to receive them for a long enough time that they will be able to become self-supporting. Sometimes, the spouse who receives support becomes self-supporting (by getting a new job, for example) earlier than expected. This may be a reason to terminate a spousal support agreement.
- Marriage: Spousal support can be terminated if the spouse receiving alimony marries someone who is financially well-off. It may also be terminated if the receiving spouse begins living with a new romantic partner, even if they haven’t married.
Various other circumstances may give a paying spouse reason to petition for spousal support termination. For instance, if the spouse receiving alimony is found guilty of committing domestic violence against the paying spouse within five years of their divorce filing, the paying spouse could request that spousal support be terminated.
Such matters can be pretty complex. If you have grounds to petition the court for spousal support termination but are not sure your reason is strong enough, consult an expert. A qualified Pasadena spousal support termination can answer any questions about this matter.
Contact the Pasadena Spousal Support Termination Attorneys for Experienced Representation
If your life circumstances have drastically changed, you may need to modify or terminate alimony. Our spousal support termination attorneys in Pasadena have the skills, knowledge, and experience to help you attain the desired outcome.
At the Baghdaserians Law Group, Inc., we will fight for your best interests and help you navigate the complexities of family court. Contact our esteemed legal team today to discuss your unique situation. You can reach us by clicking here or calling (626) 460-9525.