Spousal support, also known as alimony, can be a significant financial obligation following a divorce in San Diego. However, there are several circumstances under which you may be able to stop paying spousal support in San Diego:
- Expiration of the support order: For marriages lasting less than 10 years, spousal support in San Diego typically lasts for half the length of the marriage. However, spousal support orders may have different expiration terms depending on the circumstances of the parties and the orders made. Once the court ordered period ends, payments can automatically stop.
- Remarriage of the recipient: If your ex-spouse remarries in a valid legal marriage, your spousal support obligation automatically terminates.
- Cohabitation: While cohabitation (not in a landlord-tenant situation) doesn’t automatically end support, the payor can petition the Court in San Diego for a reduction or termination if it’s proven that the recipient’s financial needs have decreased as a result of living with some.
- Significant change in circumstances: If you lose your job, face a substantial income reduction, or if your ex-spouse is earning more money, you can petition the Court in San Diego to modify or terminate the spousal support order.
- Retirement: Reaching full retirement age may be grounds for ending or modifying spousal support, especially if it significantly impacts your income.
- Death of either spouse: Spousal support obligations end automatically upon the death of either party.
- Agreement between parties: The Court in San Diego will honor agreements made between parties. You and your ex-spouse can mutually agree on how long spousal support will last, how much spousal support to pay, and any written modifications to any orders for spousal support.
- Reduction over time: In some cases, the court may set a specific termination date but include a “step-down” (Richmond) order that gradually reduces support over time to allow the support recipient some additional time to become self-sufficient.
It’s crucial to note that you cannot unilaterally decide to stop paying spousal support in San Diego unless your ex remarries, dies, you have a written agreement, or your court ordered term of support has ended. In all other cases, you must petition the court in San Diego for a modification or termination of the order. Acting without court approval could result in serious consequences, including fines, wage garnishment, and even contempt of court.
If you’re considering seeking to end your spousal support obligation, it’s advisable to consult with a San Diego family law expert. Primus Family Law located in the heart of Mission Valley boasts a team of California Certified Family Law Specialists that can help you navigate the legal process and present your case effectively to the court.