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How to Terminate Spousal Support in California

May 8, 2019 Posted in Family Law

 

 How to Terminate Spousal Support in California

Spousal Support is meant to provide financial assistance to the lesser earning spouse during and after divorce to help that person become financially independent and maintain a certain standard of living. However, situations can arise that lead one spouse to request that Spousal Support payments be terminated once the divorce is final. To learn more about when one spouse can request the termination of Spousal Support payments, call or contact the Law Office of Bradley S. Sandler in Beverly Hills today.

Voluntary Termination and Spousal Support

The easiest way to terminate Spousal Support payments is through a voluntary agreement between spouses on when the spousal support payments should end. This can either be done through an agreement negotiated during divorce proceedings or ordered by the judge in the case for a specific type of Spousal Support that ends after a number of years or upon a triggering event. If circumstances change for either spouse that could lead to the termination of Spousal Support payments, the former couple can also agree to voluntarily terminate Spousal Support at any time after the divorce. If one spouse refuses to agree to a termination of Spousal Support payments, there are circumstances that allow for one spouse to request the termination through the courts.

Remarriage and Death-Effect on Spousal Support

Spousal Support payments in California automatically end upon remarriage of the spouse receiving spousal support payments. This is because the purpose of Spousal Support is to provide financial support to that person, and the new spouse will now be able to provide that financial support. In addition, Spousal Support is automatically terminated on the death of either former spouse. Spousal Support is not intended for the children or heirs to either former spouse, therefore the obligation ends on the death of either party.

Cohabitation and Spousal Support

Contrary to popular belief, cohabitation of the spouse receiving Spousal Support with another person is not automatic grounds for the termination of Spousal Support. However, it does create a rebuttable presumption that the former spouse receiving Spousal Support must overcome in order to avoid the termination of spousal support payments. The spouse receiving Spousal Support payments must convince the court that the need for Spousal Support payments still exists despite cohabitating with another person who may be providing financial assistance to that spouse. If the spouse receiving Spousal Support cannot overcome that burden, Spousal Support payments can be terminated based on cohabitation.

Retirement and Spousal Support

The California courts have also held that retirement of the paying spouse may be a reason for the termination of Spousal Support. If the paying spouse is planning to retire but would continue to work only so he or she could continue to afford Spousal Support payments, the court may consider terminating Spousal Support payments. This is especially the case if the paying spouse is 65 years old or older, but state courts have also granted requests to terminate Spousal Support with early retirement cases, as long as the spousal support factors are properly weighed.

Talk to Our Office Today to Speak with Spousal Support Counsel

To learn more about ways that Spousal Support payments can be terminated after a divorce, call or contact the Law Office of Bradley S. Sandler today to schedule your free consultation.

Contact Us

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433 North Camden Drive, Suite 400, Beverly Hills, CA 90210
Email: Bradley@sandlerlawfirm.com
Phone: 310-246-3900

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