Can Your Ex Modify a Long-term Spousal Support Agreement in California?
You are getting a California divorce. Maybe you have dedicated your life to raising your family and have no work experience. Perhaps you have very young children, and caring for them is a priority. It’s even possible that you worked to put your husband through medical school, and he returned the favor by moving in with a nurse. Whatever the reason for long-term spousal support, you need to know one thing: can you count on this income?
Your ex-spouse has the right to petition the court for a reduction, modification, or termination of a California spousal support order if there is a change in circumstances. When considering the request, the court will consider the following:
- Your ability to support yourself
- Your efforts to become self-supporting
- Your ex’s obligations
- Your obligations
- Your ex’s assets
- Your assets
Conditions For Terminating or Reducing Spousal Support
- Employment: You get a job that allows you to support yourself
- Efforts to become self-supporting: You have received spousal support for nearly half the length of your marriage and have made no effort to become self-supporting.
- Remarriage: Unless your agreement specifically says otherwise, spousal support is automatically terminated when the supported spouse gets remarried.
- Cohabitation: Your spouse may request a reduction or termination of spousal support if you share a home with a romantic partner.
- Retirement: Your spouse can request a reduction or termination of spousal support if he has a change of income due to retirement; however, he cannot retire early for the purpose of terminating spousal support.
Make sure your interests are protected! Discuss your circumstances with a San Francisco spousal support attorney. The women-only California divorce lawyers at The Law Offices of Paul H. Nathan are dedicated to helping women use divorce to get a fresh start toward a better life. To make an appointment, call 415-341-1144.
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