Can Long-Term Spousal Support Be Terminated or Modified in California?
Long-term spousal support in California cases can be amended or terminated under certain circumstances. Supporting partners have a number of different options available to them, if they wish to pursue a modification or termination of the support they provide.
In most cases, long-term spousal support can be terminated or modified at any time during the support period. The only instance when this is not true is when there is a written agreement by the parties expressly stating that spousal support is non-modifiable. In the absence of such an agreement, the court generally retains continuing spousal support jurisdiction and can decide to terminate or reduce spousal support in later court proceedings.
If the court assumes continuing spousal support jurisdiction, then the court may grant a request to modify spousal support if the supporting party can demonstrate a material change of circumstance since the most recent court order outlining the spousal support. When reviewing a modification or termination request, the court will consider the following factors:
Reducing Support if Spouse Is Self Supporting – The California Family Code emphasizes that even in long-term marriages, defined as those which last 10 years or more, the supported spouse has a duty to become self-supporting within a reasonable amount of time, which is considered to be one-half the length of the marriage. Generally, if the duration of the marriage is less than ten years, a supported spouse is expected to become self-supporting in half the length of the marriage. Modification or termination of the support can be ended before this time. If the spouse has not made any reasonable efforts to become self-supporting, you may ask the court to terminate the spousal support. If, on the other hand, your former spouse has actually increased his or her earnings, you will be able to present evidence of this in court and argue that he or she now has a reduced need for support.
Reducing Spousal Support Based on Obligations – In some cases, the supported party’s separate estate, including any and all assets allocated to him or her in the community property division, and its reasonable income potential, may be enough for you to seek a reduction or termination of previously awarded spousal support.
Other Factors that affect Modification of Spousal Support include:
- Remarriage – Unless the parties have made an agreement in writing, a spousal support order automatically terminates when the supported party gets remarried.
- Cohabitation – Cohabitation may also be a basis for seeking a modification or termination of a spousal support order. If your former spouse is cohabitating with a member of the opposite sex in a romantic relationship, you can request that the court order a termination of support or a downward modification of support.
- Retirement – The retirement of the supporting party may be sufficient basis to receive a termination of support; however, it will be important to prove that the supporting spouse has a right to retire and is not choosing early retirement.
Whether you can terminate or reduce your existing spousal support obligation depends upon the unique facts and circumstances of your case. If you are considering modifying or terminating your spousal support order, you should contact a family law attorney who will review your case and advise you on how best to proceed.
Gerald A. Maggio is an Orange County divorce attorney, in Irvine, California. For more information or to schedule a consultation with Orange County divorce lawyer Gerald Maggio, contact The Maggio Law Firm by calling (949) 553-0304 or visiting www.maggiolawfirm.com.