When can you stop paying spousal support in California?
When the marriage is over and the couple decides to divorce, the court may direct one party to pay spousal support to the other. The purpose of this payment is to cushion the receiving party from the financial impact of the divorce.
However, spousal support is not necessarily cast in stone. There are instances when either party may petition for its modification or termination. But when exactly can this happen?
Terminating spousal support obligation
Before establishing whether you should stop spousal support payments or not, it is important to start by understanding that there are two types of spousal support in California – short-term or temporary and long-term spousal support.
Short-term spousal support is awarded to spouses who, at the time of the divorce, were unemployed. This type of child support is meant to provide the receiving party with the skills or training needed to ensure that they can find work and support themselves. Thus, if you can prove that the purpose of this type of spousal support has been achieved, and that your ex’s circumstances have changed, then you may petition for the modification or termination of the order.
Long-term spousal support too can also be subjected to modification or termination under a certain set of circumstances. Here are some of them:
- When you can prove that your ex has remarried or moved in with a romantic partner
- When the receiving party has received a large inheritance or other financial windfalls like winning the lottery, thus, they no longer need support
- Death of either party
- When the receiving party demonstrates an unwillingness to obtain the skills or the training they require to find work
- When both parties consent to terminate the payments
These are just some of the circumstances that may justify a modification to an existing spousal support order. Learning more about California divorce and spousal support laws can help you safeguard your rights and interests while litigating spousal support.