Going through a separation or divorce yields many outcomes for involved parties, including the need to determine whether spousal support provisions are required. Therefore, understanding the terms of a spousal support agreement and when it can be terminated is essential, especially if you are the dependent party. Thanks to the information, you can understand the requirements you will need to adhere to and the situations resulting in canceling the support agreement. Further, working with a family law attorney is beneficial, as their professional expertise will help you be better prepared to learn of the spousal support termination terms. This way, you can avoid dealing with stressful and unfair situations from a malicious former spouse.
The Nature of a Spousal Support Agreement
Understanding the nature of a spousal support agreement is essential to help you establish when it can be terminated. Hence, you want to obtain all necessary information regarding this form of agreement between former spouses and prepare any consultation questions that come to mind before consulting a family lawyer.
In a conventional case, spousal support encompasses financial support given by a spouse with a higher income to the dependent one after their separation or divorce. Typically, the dependent spouse will not have a job, or if they do, it often provides a low income.
The spousal support provision is made available to ensure that the spouse seeking support does not drastically change their lifestyle, especially if they are still responsible for taking care of any children born out of the marriage. As a result, the support is a form of equitable provision to ensure that a good standard of life is upheld for vulnerable parties.
Usually, the divorced parties can make custom provisions to their spousal support agreement. The allowance aims to promote party autonomy, as the law does not need to interfere with family life beyond the required circumstances. Nevertheless, a court order may be necessary for other situations to ensure that no exploitation occurs, especially to the spouse offering support.
Circumstances Resulting in Spousal Support Termination
Having understood the way spousal support agreements work, you will have a better understanding of instances leading to its termination. Usually, the divorced spouses will have a standing agreement before terminating it. Since the instances differ, having the necessary information is crucial to help you determine whether you are facing unfair circumstances. Similarly, if you are the supporting spouse, you will determine when to terminate the agreement lawfully. The following are common instances where spousal support agreements are terminated:
When The Dependant Spouse Remarries
The primary role of a spousal support agreement is to enable the dependent spouse to retain their standard of life before marriage because they are jobless or have a low-income job. Based on these guidelines, the person receiving support is expected to rebuild their lives as they try to improve their living standard through the money they receive because they will be living alone. Hence, the specifications are limited to situations where the benefiting party does not have additional financial support sources.
Remarrying is, therefore, an important point for consideration because it means that the dependent spouse may no longer need the former spouse's support. This may be after the new union presents different financial circumstances beneficial to your former spouse and drastically improves their lives. Further, having two sources of income in the household may be pivotal in reducing financial costs for the dependent spouse.
With these circumstances in mind, receiving spousal support from a former spouse after being remarried would be burdensome to them, as they will be considering needs that are already met. Therefore, you and your former spouse can agree to terminate the spousal support agreement amicably based on the prevailing facts. However, some former spouses may dispute the termination, meaning that court intervention will be necessary.
This may be due to the significant change in finances they will experience after you withdraw your support, despite having married a new spouse. Nevertheless, you can justify your intention to terminate the agreement provided your family law attorney can explain the reasons for seeking the court order. Among them will be that a new person has taken on the spousal role, meaning that they can provide sufficiently for your former spouse.
Receiving Support Upon the Death of the Spouse
Secondly, death terminates a spousal support agreement based on the lack of need for the previously dependent person. Since the circumstances are quite straightforward, the supporting party does not need to seek court orders to terminate the spousal support agreement from the court. Instead, they can cease making the payments and retain any relevant information regarding the former spouse's death.
This way, they can justify their terminated support in case of inquiries from third parties. However, you do not expect these inquiries if your former spouse's death was announced and the cause of death determined. On the other hand, being suspected of involvement in killing your former spouse may raise questions surrounding your spousal support agreement. Some previous cases indicate that harming or killing a former spouse may be a tactic used by the providing party as they try to reduce their financial obligations. If so, you can expect to face separate criminal investigations to determine the course of your matter.
When the Supporting Spouse Undergoes a Genuine Financial Crisis
Unforeseen circumstances can cause significant losses and subsequent financial constraints for you as the party sends funds to your former spouse. The hardships may arise from business losses, employment contract termination, or sudden illness. Consequently, you will need to present your position to your former spouse and request termination at will. However, you are not guaranteed their understanding based on the circumstances, so you may have to consider requesting court interventions.
If so, you can partner with your family law attorney to help prepare for your case. The attorney's participation is crucial, as they will help you organize all documents necessary to show that you cannot afford to make the payments. For example, if you lost your job, you can provide the termination letter issued. It will stipulate that you are no longer considered an employee, meaning that you are not actively receiving funds.
Further, your medical records, including hospital bills and continuous treatment invoices, may also be reliable evidence to prove your financial constraints. Most medical procedures are expensive, so you will have to part for many costs to cater to your needs. As a result, having the records in their original format is beneficial, as it builds your credibility. Therefore, you may persuade the court to grant you the termination order.
Alternatively, you may present your bank statements to prove that you have faced significant losses, especially if you are a business person. Although this involves sharing personal information, it may go a long way in helping you justify your position. In return, you will have avoided the intense financial pressure you faced by having to support your former spouse.
When Financial Assistance is No Longer Necessary for the Supported Spouse
Spousal support provisions are available to help former spouses in need, but they should also take the initiative to rebuild their life. Thus, the ideal situation is that the support provided to them is temporary until they can adjust to their new way of life. The supported spouse should aim to improve themselves and find new employment opportunities or strive to create their career path. If successful, they can volunteer to request for termination of the support agreement because they do not need it anymore.
Subsequently, this situation does not require court intervention, especially if the supported spouse initiates the request. Conversely, the party providing the support may initiate the request for termination upon establishing that their former spouse has attained financial stability. Nevertheless, proving this in court may be an arduous task because the opposing party may question the motion. Therefore, you want to work closely with your family law attorney to ensure you prepare a strong case against your format spouse. You will need to source concrete evidential sources that show they no longer require your financial assistance. For example, accessing their bank statements would be highly beneficial.
However, you would require their knowledge and consent, which is often difficult in these cases. Therefore, your attorney can develop an alternative strategy like tracking their expenditures and creating a summation for the money used. Afterward, you can contrast the amount with the lifestyle they claim they cannot afford and persuade the court to consider your position. You will have raised the probability of receiving an order in your favor, provided the evidence you rely on was sourced legally.
When the Designated Duration for Spousal Support Lapses
Finally, your spousal support agreement can terminate automatically if the duration of support lapses. There is little to no room for appeals because the outcome is based on timelines, not external factors. Hence, you and your former spouse can agree to terminate it amicably. If the party disputes the termination, you can request the court grant an official termination order, which should be a straightforward process as long as you previously complied with all support requirements.
What to Do if a Former Spouse Moves in With a Domestic Partner
Sometimes, a divorced spouse may choose to live with a new domestic partner, especially under simple terms that do not involve marriage. For example, the person may invite their boyfriend to live with them, despite not officially recognizing being with the person receiving support. As a result, the law makes provisions for these parties, classifying them as domestic partners.
Thus, considering the unmarried status of the domestic partner living with your former spouse, they do not qualify as official sources of financial support. As a result, your plea to have your spousal support agreement terminated may be rejected in court because your former spouse may still prove they are in need. For example, they can use child maintenance obligations to justify the need for continuous spousal support, as the new domestic partner should not bear the burden unfairly.
Hence, you can discuss the best approach toward delivering a motion to the court to terminate the spousal support agreement with your family lawyer. You can provide details and evidential sources that establish your former spouse's newly acquired circumstances, meaning that they no longer need your provisions. For example, if the domestic partner has voluntarily taken the initiative to support the household, you may request their collaboration in court. Therefore, they can write an affidavit or appear physically to support the need for termination orders.
However, you should remember that the presiding judge is bound by family law and legal rules. Among them is the technicality that if both parties are not legally married, your former spouse may still be entitled to support. Nevertheless, party autonomy is encouraged, meaning that you can reach an agreement to avoid having the court decide on the final order. Your family law attorney can also organize alternative dispute resolution meetings like mediation and negotiation between you and your former spouse as you plead for them to agree to the termination. If the dispute resolution methods fail, the court can take over and render its decision.
Preparing Yourself for the Court Process
Disputes involving spousal support among divorced parties are common, primarily because they both require their point of view to be considered. Subsequently, many matters result in court procedures, whereby a presiding judge will consider the reasons for a termination request and decide on the best outcome. Based on the reasons acceptable for terminating spousal support, you want to ensure you provide sufficient information to support your claims, depending on the party in question.
If you are the spouse requiring support, you want to show that you will need continued financial support. You can do this by presenting a list of expenditures in your household, mainly if children are involved. Notably, allowances are also made for any additional financial requirements involving a life of the comfort you were used to. However, you should note that the presiding judge will be keen to ensure that your requests are not extravagant or exploitative towards the party providing support.
Your family lawyer will help give you guidelines on the details to provide. Therefore, you can help them by accessing the necessary documents on time to enable filing and court appearances within a reasonable duration.
On the other hand, the spouse issuing support can approach the court for termination, but they must justify their reasons. This requirement is essential where the order is sought on the basis that requires further analysis and investigations. For example, claiming that your former spouse has ulterior motives with the money you provide will require proof. The court makes this provision to ensure arbitrary claims are not made against the party in need, as terminating the support agreement could be detrimental to their wellbeing.
Hence, your attorney should help you develop an elaborate counterargument to prove that the support requests are not in good faith. Sometimes, the court may also allow you to present a character witness who will testify against your former spouse. This way, you can increase your chances of having the court side with you and rightfully terminate the support agreement.
Once you receive a court date, your attorney will serve your former spouse with the relevant documents to help them prepare for the appearance. Usually, a full trial is unnecessary, as long as you can establish your position and present the supporting documents on time. Despite this, the other party still has the right to present their case, especially if they protest the termination. Hence, you can consult your family law attorney to determine whether you will need rebuttal arguments.
Contact a San Diego Family Law Attorney Near Me
Going through the divorce process is never easy, mainly if you used to depend on your spouse for financial support. As a result, you may be exposed to potential financial hardships that make it difficult to continue with your life normally. Therefore, understanding how spousal support is terminated will be helpful for you, as you can avoid dealing with unexpected terminations that may also be unfair. Further, working with a family law attorney is advisable, as they will provide all the necessary details about spousal support termination. Your lawyer is also instrumental in presenting your matter to court in case of a dispute. They are well-versed with information and supporting evidence to prove that you require the financial report. At San Diego Family Attorney, we dedicate our services to ensuring that divorced parties in need of financial support understand the various instances where it may be terminated. Thanks to our wealth of experience, we have helped hundreds of clients reach amicable termination agreements or appeal in court in case of disputes. If you or a loved one requires legal assistance on a spousal termination matter, contact us at 619-610-7425.
