Termination of Spousal Support
Termination of Spousal Support: Find out the significant aspects of an alimony case (please see the main Alimony Guidelines Page for the "what is alimony" section), spousal support modification, and how to terminate if your ex is beyond the agreement. Lots of free resources at R-D!
The least you need to know is that alimony payments usually stop when:
- The payor dies or becomes disabled in certain ways,
- The recipient remarries,
- The recipient is cohabitating (sometimes this means with a same sex partner, but it could be just a roommate who is SHARING home or rent expenses,
- The recipient has a promotion and is making more money, thereby making spousal support less necessary.
However, instead of the termination of spousal support, sometimes there is a spousal support modification, and the maintenance payment is reduced or increased:
- One of the parties becomes disabled (so, the payor would pay less if HE becomes disabled, and the recipient would possibly receive more if SHE becomes disabled).
- Job changes. If the payor has unforeseen circumstances and it's not his "fault", the courts will favor his position of decreasing an alimony amount. If he is orchastrating the changes to "get out of paying alimony", then most likely the courts will see through that. And that means the recipient could also have an increase in income, which could decrease the alimony payment.
How Do I Terminate Spousal Support? What About Enforcing Payment of Spousal Support?
Termination of Spousal Support Process:
Once your divorce is final, you will have the time limits for spousal support spelled out in the divorce decree. If something major changes before that time period is up, then one party can petition the other to go back to court to make a spousal support modification.
Sometimes, there are periodic reviews built into the divorce decree, so that both parties must show their financial situation to the court and request that it either stay status quo or that a change is needed.
Enforcement of Spousal Support:
If your ex is supposed to pay court ordered alimony and does not pay it, you should file a petition and take him to court to allow the courts to see his non-payment. It is owed to you until he proves that there is some good reason he can't pay it, and there are ways the court can enforce the payment of alimony to you. For instance, if he has a pension or certain investments, the courts may order that a QDRO be done so that you can take money from his retirement accounts to pay the back-alimony. That is not usually a first resort, but it is possible to ask that of the courts.
If you need further assistance, try our Real-Divorce Forums, where you can post your specific questions in the alimony forum and get some much needed info from others who are divorcing.
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Return from Termination of Spousal Support to Alimony Guidelines (Main Alimony Page)
Other Real-Divorce Articles you may find helpful:
Divorce and Finances Articles
Divorce and Debt Articles
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