When you and your spouse are mutually resolving the issue of spousal support, or the court is making its spousal support order, a crucial term in such an order is the time of termination of spousal support. Your Los Angeles County spousal support attorney will know of the three general ways a supporting party’s obligation to pay spousal support is terminated.
One way spousal support can be terminated is through a fixed-term order. Spousal support orders for a fixed period terminate at the end of the period specified in the order, unless the court retains jurisdiction. Unless you and your spouse have a written agreement that says otherwise, the court retains spousal support jurisdiction indefinitely where the marriage has been of “long duration.”
A second way spousal support terminates is through a contingent order. An obligation to pay spousal support for a contingent period of time terminates on the happening of the specified contingent event. The court may direct the supported party to notify the supporting party of the occurrence of the contingent event. If the supporting party fails to provide such notice, payments accepted after the contingent event occured must be refunded to the supporting party.
Lastly, spousal support can be terminated upon the death of either spouse or the supported party’s remarriage. You do not have to file a motion to terminate the spousal support order, and the court is not required to take any further action.
Regardless of whether you stipulate to the terms of spousal support or request the court to make an order for spousal support, it is important to have a spousal support attorney who can advise you properly and understands the issue of spousal support. Wallin & Klarich has experienced Los Angeles spousal support attorneys who can help you. Call toll free at 888-749-7428 to speak with an attorney today.
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