I know that given a choice, divorce is a word that you would never include in your vocabulary. I am certain that given the power, you would gladly turn back time to repair the damage in your marriage. But then after all is said and done, I am sure you’re eager to find out how to terminate spousal support.
Going through a divorce is one of the toughest ordeals that any person should ever handle. The end of a relationship, no matter how turbulent, is always a sad and unfortunate thing. In the case of married couples, the scenario becomes even more dismal because there’s alimony involved. Spousal support is a tough nut to crack, and it could plant seeds of resentment on either side.
The Law is on Your Side!
Fortunately for supporting spouses based in California, the state’s divorce law does not favor lifetime spousal support. The courts are at least fair in the treatment of both spouses in terms of determining alimony. According to the website of Dishon and Block Divorce Attorneys, the following factors are seriously considered by the court before determining spousal support:
-
The income of each spouse;
-
The level of education of each spouse;
-
The status of health of each spouse;
-
The standard of living practised by each spouse;
-
How long the marriage lasted;
-
The retirement benefits each spouse is entitled to receive; and
-
The tax consequences of an award.
With the right lawyer, no divorcee would ever be at a disadvantage in California as the law encourages that spousal support must only be just and appropriate for both parties.
How to Terminate Spousal Support
Terminating spousal support is the universal fantasy of most supporting spouses. Fortunately, such a fantasy could turn into a reality with the right lawyer and the right moves. Here are five easy ways on how to terminate spousal support:
-
Understand the ruling on your divorce. Most divorcees go through trials and proceedings in a blur, and because you tend to be highly emotional, there are small details that may have missed. Now is the perfect time to examine the judgment made on your divorce case. What is the length of time indicated for your spousal support, how flexible is it? Determine the answers and you will be better educated about the alimony you’re obligated to pay, so that you could find ways to reduce or terminate support altogether.
-
Investigate the self-sufficiency efforts of the supported spouse. During the trial, it’s common for courts in California to issue the “Gavron Warning,” which cautions the supported spouse to be self-sufficient within a given period of time. If the supported spouse fails to show that real efforts have been made on her part to be self-sufficient, then the courts may decide to reduce or terminate spousal support.
-
Request for the issuance of the “Gavron Warning.” If in your case your ex-spouse was not issued the “Gavron Warning,” then it’s best to request the court to give her one. The period of time for self-sufficiency is usually defined by the number of years that the marriage lasted. Often, the supported spouse is given half the time of her married life to get back on her feet with employment or with a business venture.
-
Request for a Vocational Assessment of the supported spouse. One other strategy is to request the court to determine the capability of your ex-spouse in getting employed or starting a business by requesting for her to undergo a vocational assessment.
-
Determine the status of the supported spouse’s career and domestic life. Of course it’s distasteful to snoop around on your Ex, but for the sake of support termination you must be updated about the romantic involvements and career advancement of your ex-spouse. If you’ve discovered that your Ex is living with her lover or that she got promoted at work, then you definitely have a case and you could finally terminate spousal support.
Paying alimony should not be a lifetime burden for you. Just follow these five easy steps and you’d surely be alimony-free!
- – - – - – - – - -
About the Author
Mikki Hogan’s expertise on divorce stems from one single event in her life: a close friend asked her help to research on how to show cause to reduce spousal support, and from then on she was hooked on the divorce topic. A passionate freelance writer, Melissa is based in Austin, Texas, where she happily lives with husband Dave, and their two young children.
Twitter: RingLawnCare
says:
Wow Mikki! Man I hope this never happens to me, sounds like more work than I would care for, thank God I have a Great wife!
Very interesting I might add. Especially the “Snoop” section #5, I suppose I can some may take advantage of this type of situation and add the Alimony to their current monies.
Great article, I’ve broadcasted it for you everywhere I can.
Twitter: matthewkinsella
says:
In the UK (unless there are children involved) there is usually no continued support after divorce. Assets and money earned during the marriage are often distributed equally regardless of who earned the most etc. At the end of the divorce process there is usually a “full and final settlement”. However prenups are not legally binding in the UK so that can be an issue.
Personally I believe that as long as there are no children, it’s not psychologically healthy for either party to have to give or receive support for a long period of time after a divorce. At some point there needs to be closure for both people, a line needs to be drawn and both need to move forward.
Matt Kinsella recently posted..Never Give Up
I’m in Canada and our spousal support laws are similar to California. Duration of the marriage is key as is any implied or expressed arrangements between the parties about working arrangement (i.e. stay at home dad/mom arrangement).
Jon McComb recently posted..Spousal Support and Common Law Relationships in British Columbia