Spousal support could be a valuable tool in preventing financial woes after a divorce. For the party eligible to receive spousal support, they may not have the capacity to cover the expenses of living in similar standards to which they had become used throughout their marital relationship. For the party making the spousal support payments, it can be a harsh reminder of the marriage they're trying desperately to let go of.
In many circumstances, spousal support duties do not exist permanently. A spousal support duty may also expire sooner than the former spouses expected. This blog outlines the conditions under which spousal support duties could be discharged as per California law.
When is Spousal Support Necessary?
Spousal support, often referred to as alimony, is the recurrent monthly obligations paid by one partner to the other partner when they have been divorced or have been legally separated. Even though spousal support regulations and guidelines vary from state to state, it is often designed to help the receiving spouse achieve financial freedom.
Spousal support obligations also enable the receiving partner to maintain the living standard they had gotten accustomed to throughout their marital relationship or before when they were lawfully divorced or separated from the supporting partner.
Most of the time, the spouse with the higher earnings is required to provide alimony to the other party. To put it another way, whoever of the two parties is in a poorer financial position will usually be able to receive alimony.
In general, a judge can mandate spousal support obligations in the following circumstances:
- When one of the partners is disabled or suffers from a medical issue that prohibits them from supporting themselves or finding work
- When there is a large disparity in earning capacity and income between the spouses
- When one partner was obliged to leave their job to stay at home to care for their child or children whereas the other party was allowed to continue working and make a living
- When one spouse supported the other as they undertook an interest that would result in better earnings,(for instance, when one partner worked while the other attended school for their graduate course)
It's worth noting, too, that spousal support payouts aren't always guaranteed to span for the remainder of the receiving spouse's lifetime. Some circumstances or events, for example, could have an impact on the sum they get. It has the authority to end spousal support obligations permanently if they are not required anymore.
Finally, if you require help with terminating or obtaining spousal payments, you should seek legal advice from a family attorney or a divorce attorney in your area as soon as possible.
The following are ways to terminate spousal support in California.
Voluntary Termination
The fastest way to end Spousal Support obligations is by a consensual agreement between couples as to when the alimony payments should stop. This could be accomplished through a pre-nuptial settlement or by a court mandating a certain kind of support payment that ceases after a certain period of years or after the occurrence of a prompting event.
When either partner's situation changes to the point where Spousal Support obligations should be terminated, the former spouses can consent to voluntarily cease Spousal Support obligations at any moment following the divorce. When one spouse fails to consent to the cessation of spousal obligations, there are conditions in which one spouse can petition the judge to have the payments terminated.
The Default Rule: Termination After Death or Marriage
According to California Family Act 4337, unless otherwise approved by the spouses in person, a party's responsibility under an agreement for the maintenance of the other spouse ends with the demise of one spouse or when the other party remarries.
"Remarriage" means a legitimate marriage sworn into by the partner getting spousal assistance under Family Act 4337. But what happens when the remarried party who was previously receiving spousal assistance receives an annulment for his or her remarriage?
An annulment is defined as a legal solution that renders a lawfully invalid or unenforceable marriage as though it never happened to begin. Does this suggest that a past spousal support duty shouldn't have been canceled when an annulment indicates that the party's remarriage was not legitimate from the start?
Courts have ruled that nullification does not automatically reinstate a past spousal support duty. Courts will consider the following when deciding whether to restore a canceled spousal support duty after a nullified remarriage:
- If the spouse receiving spouse went into a nullified remarriage intentionally or unintentionally
- Prolonged delay in requesting an annulment
- When the support-paying spouse took advantage of the nullified remarriage to his or her disadvantage
Nonetheless, a remarriage requested by the receiving spouse before the final approval of the divorce doesn't count as a "second marriage" that would relieve the other partner of their maintenance obligations.
Changed Circumstances Justifying Termination of Alimony
Generally, a person can alter the provisions of a family court ruling like child custody as well as spousal support obligations when the person requesting adjustment can show that a major shift in circumstances merits doing so.
A party that wants to end a spousal support duty can ask the court to change the support order's terms of payment to $0. In the past, courts have ruled that a support alteration that reduces payments to zero also ends the court's ability to change spousal support anymore. For this reason, the judge must utilize appropriate terminology to retain authority to raise spousal support if the parties' situations change over time.
For instance, if the paying spouse is momentarily disabled in a vehicle accident, leading them to quit work and become incapable of paying support, the judge can cut their duty to $0. If the handicapped spouse's injuries are likely to heal completely for them to be able to work, the judge would retain authority to mandate them to continue making spousal support payments.
When Your Ex-Spouse is Self Supporting
Present California laws state that even for long-term marriages, those that have lasted 10 years and above, the supported partner should become self-sufficient "within a justifiable amount of time."
Support orders usually last roughly half the life of the marital relationship when the marriage has lasted less than ten years. The court then issues a "Gavron Warning'' to that effect, requiring the dependent party to become self-sufficient. Failing to do so could result in support being reduced or terminated. When a spousal support ruling does not include a Gavron warning, you can request the judge to grant one right away.
If the court issues this warning, your lawyer can investigate what measures your former partner has taken to attain self-sufficiency since the moment of separation. If these efforts have not been made, you can request the judge to terminate alimony or assign more earnings to provide for their support. However, if your ex-spouse's income has risen, you have a strong case for the judge to terminate or lower support payments.
The statement of your ex-partner could be advantageous in cases when support is high and the asset is substantial enough. Depositions are popular in civil cases, but they are rarely used in dissolution proceedings.
A deposition, on the other hand, could be very beneficial in assisting your lawyer to acquire particular information about what your ex-spouse has managed to do to look for work since the alimony order was granted, as well as other related details such as resources, inherited wealth, as well as other kinds of relevant details to assist you in being successful in your plea.
Spousal Support and Cohabitation
Contrary to popular misconception, cohabitation of the party getting Spousal Support payments with someone else does not automatically result in the cessation of Support Payments. However, it creates a reasonable belief that the ex-partner getting Spousal Support should establish to prevent the cessation of spousal maintenance payments.
Despite cohabiting with someone else who could be giving financial help to that partner, the party getting Spousal Support obligations has to prove to the court that the necessity for Spousal Support obligations remains. Spousal Support obligations can be revoked depending on cohabitation when the person receiving it is unable to alleviate that burden.
Retirement and Spousal Support
Life, like spousal support, does not end when you retire. When it comes to retirement, you could get yourself into problems if you have alimony obligations looming over your head, as many individuals do. Even though you might be capable of supporting yourself after retirement, your investment earnings or pension contributions might not be sufficient to support your expenses as well as those of your ex-spouse. You could be worried if you could somehow retire or if you'll have to continue working only to pay your spousal support obligations.
Sometimes people avoid paying their obligations, but it's a bad idea since the court can impose late fees. It will also be more challenging to convince a court to grant a petition for cancellation or adjustment if you violate an existing alimony ruling. If you're in this scenario, keep paying your obligations. Termination/modification of the payments should be discussed with a California divorce attorney. This could be the most ideal option for you to make sufficient money to cover your expenses and debts while staying on track with your spousal obligations.
What Can You Do to Terminate Spousal Payments Sooner?
As stated previously, the procedures and general process for terminating alimony obligations early will be determined by the facts encompassing a specific case as well as the provisions of the jurisdiction in question.
In most cases, nevertheless, the paying partner will have to seek court clearance before being allowed to discontinue paying maintenance. They can start the procedure by submitting an "application for termination of alimony" to their nearest family court of law.
The paying partner will also have to present relevant documentation together with their request, which includes the following details:
- The grounds for submitting a petition to stop alimony obligations sooner than was originally agreed upon
- A current financial statement that shows how much money they make in a particular period, the list of streams of earnings they possess, how much money they make per stream, as well as where their major source of earnings originates from
- A rundown of monthly bills illustrates what those expenditures are as well as how much they are over a given period
- Other documentation that shows a shift in conditions warranting the court's approval of their request
After the necessary paperwork has been submitted and the legal processing fees have been paid, the concerned persons should be presented with a duplicate of the paperwork. The clerk will pick a schedule for court proceedings on the request after the relevant legal processes have been completed.
During this session, the judge will consider statements from both sides and analyze any information that can assist the court in making a clear judgment as to if or not spousal support needs to be discontinued sooner than anticipated.
The court will next make a ruling depending on the facts and arguments presented by the parties. The paying party will not be constitutionally compelled to make spousal support obligations to the other party when the judge approves the request.
If the judge rejects the request, the paying party is required to go on paying spousal support to the receiving party as though nothing had changed. The judge might also consider lowering, rather than fully rejecting, the sum of spousal support that the spouse paying is required to pay monthly to the other spouse.
There are a few other situations where you can avoid making alimony payments entirely, such as when:
- The spouses have a postnuptial or prenuptial arrangement that bars one spouse from getting alimony or, at the very minimum, limits the sum they can get monthly
- A spouse could show that they earn less compared to the other party or that they are in a much worse financial position, for example, life-threatening illness that's beyond their influence
- The paying party can demonstrate that the other spouse has gotten married again (exceptions apply)
- In certain states, the length of the marriage could have an impact on spousal support payments
As a result, if the union was just for a brief time, one party could be eligible to avoid having to make alimony payments to the other party.
Frequently Asked Questions on Spousal Support
Below are several FAQS that people ask on spousal support:
Why do California Courts Grant Support?
Alimony in California is intended to narrow the space between the amount of time necessary for that party to look for work or finances that satisfy their cost-of-living requirements. After a divorce, one party is frequently put at a disadvantage since they are unskilled or unable to find work since they could have been outside the workforce for a long period. Spousal support enables them to retain their marital quality of life while learning to sustain themselves.
Is Alimony Awarded in Every Divorce?
The amount of support is established by both spouse's earnings as well as the ability to find work and become self-sufficient. Support isn't always given, but it could be granted to either party if they require it to sustain the quality of life they had during their marriage.
Why Should I Care Whether I Have to Pay Child Support?
Spousal support is frequently the most significant financial responsibility you may face as a result of a divorce. It could persist for a long time and lead to significant expenses, which could be imposed by a contempt process if they are not paid.
Should I Avoid Going to Court Because of the High Legal Costs?
Before filing a support lawsuit, you need to first attempt to negotiate. However, if you decide to negotiate, keep in mind that any contract should encompass all areas of the spousal support.
Do I Need an Attorney to Help Me Terminate Alimony Payments?
Termination of spousal support payments could be a difficult issue to resolve, particularly when the two parties are unable to collaborate. As a result, if you want help terminating or avoiding spousal support payments, you might want to take into account consulting a local divorce attorney.
A knowledgeable divorce attorney or family attorney can assist you in modifying and preparing the legal documentation needed to request the judge for spousal support payment termination. Your attorney can also counsel you on the most appropriate plan of action depending on your unique circumstances, as well as discuss your constitutional protections.
Additionally, your attorney can advise you on the chances of a request to terminate spousal support payments succeeding, as well as develop a new strategy in advance if the court rejects your request.
Alternatively, when you're the recipient partner, your attorney can help you make a compelling case for not terminating spousal support obligations and can also defend you before the court.
Find a Divorce Attorney in San Diego Near Me
California's family court proceedings are complicated, and navigating them without the assistance of a California divorce attorney can be difficult. If you have any inquiries regarding divorce or spousal support, please contact the San Diego Divorce Attorney at 858-529-5150 today.
