Alimony can be terminated under certain conditions, such as when the receiver remarries, dies, lives with another person, or becomes financially self-sufficient. The paying spouse and their spousal support lawyer in Folsom, CA can also file a petition to stop payments if the payer loses their job or if continued payments would impose an unfair level of hardship. The party requesting the termination must prove that such conditions exist, but proving unfairness is difficult, if not impossible, in many cases.
Proving the Other Spouse’s Cohabitation
It can be extremely difficult to prove that two people living together are also in a relationship, especially when they are the same gender. However, cohabitation can be proven if the other spouse can show that the two live together, are a couple, and share expenses. Most jurisdictions’ laws concern heterosexual cohabitation, but most extend the same rules to other relationships.
Economic Contributions
In determining whether to terminate alimony, courts use an economic contribution test to decide whether to reduce or eliminate an award. The test examines cohabitation to see if it’s similar to a marriage or domestic partnership. If the receiving spouse’s new housemate reduces their financial need, the alimony award can be reduced. Furthermore, if the spouse uses alimony funds to support the new companion, the paying spouse has a legitimate reason to pursue a reduction.
Can Terminated Alimony Be Renewed at a Later Time?
Once an alimony case is terminated, it is over for good. If the receiver wants to extend payments, they must petition the court for a modification before the termination date. If the payer can prove that they’re experiencing financial difficulties or that other conditions are met, the case will be ended and it cannot be renewed.
Do Spouses Need an Attorney’s Help in Terminating Alimony?
Trying to terminate an alimony award is difficult even under optimal circumstances, and it can easily become a nightmare if the other spouse is uncooperative. Those wishing to stop alimony payments should consult the Law Office of Hugh O. Allen, a spousal support lawyer in Folson, CA, to protect their rights and learn about their legal options.
