Spousal support, also commonly known as alimony, refers to recurring monthly payments made by one spouse to the other spouse when a couple is divorced or legally separated. Although the laws and requirements for spousal support will vary by state, it is usually intended to assist the recipient spouse in gaining financial independence. Spousal support payments also help to ensure that the receiving spouse can retain the lifestyle they have become accustomed to during their marriage or at any point before they were legally separated or divorced from the supporting spouse. In most cases, the spouse who has the higher salary will typically be ordered to pay spousal support to the other spouse. In other words, whichever of the two spouses is in worse financial condition will normally be the spouse who is allowed to collect alimony. Generally speaking, a court may order spousal support payments in any of the following situations: It is important to note, however, that spousal support payments will not necessarily last for the rest of the recipient spouse’s lifetime. For instance, certain conditions or circumstances may affect the amount they receive. It can even terminate spousal support permanently if such payments are no longer needed. Lastly, if you need assistance with either terminating or receiving spousal support, you should contact a local family lawyer or divorce attorney immediately for further legal advice on the matter. Can Spousal Support Be Terminated Early?There are some circumstances in which a spouse may be able to end alimony payments early. Again, these conditions and requirements will depend on the laws of the state in which a petition to terminate spousal support is filed. This may include the following: • If the spouse making alimony payments has retired due to one of the following reasons: What Can a Spouse Do to Terminate Payments Early?As previously mentioned, the steps and overall process to stop alimony payments early will depend on the circumstances surrounding a specific case and on the laws of a particular state. Generally speaking, however, the paying spouse will need to obtain approval from a court before they will be permitted to stop paying alimony. They can begin this process by filing a court form known as a “petition for termination of spousal support” with their local family law court. The paying spouse will also need to provide supporting documentation along with their petition, including the following information: Once the appropriate paperwork is filed and the court filing fees are paid, the interested parties must be served a copy of the documents that were filed. After the necessary legal procedures are complete, the court clerk will schedule a date for a court hearing regarding the petition. At this hearing, the court will listen to arguments from both parties and examine any evidence that will help the judge to make a clear decision on whether or not alimony should be terminated earlier than expected. The judge will then issue a decision based on the parties’ arguments and supporting evidence. If the judge decides to approve the petition, the paying spouse will no longer be legally obligated to make spousal support payments to the receiving spouse. On the other hand, if the court denies the petition, then the paying spouse must continue to pay alimony to the receiving spouse as if nothing has changed. The court may also decide to reduce, as opposed to completely deny, the amount of alimony that the paying spouse must send to the receiving spouse each month. There are also some ways to avoid paying alimony altogether, such as if: An experienced family lawyer will be able to help you modify and prepare the necessary legal documents that are required to petition the court for a termination of alimony payments. Your lawyer can also advise you on the best course of action based on your personal circumstances and can explain what rights you have under the law. There are several types of alimony, but each state’s alimony awards vary. Typically, needy spouses can request any of the following types of support: Depending on your case’s circumstances, the judge may award periodic (monthly) payments, lump-sum payments, or payments through property exchange. The judge will explain the terms of alimony in your final divorce decree, including the end date. If your circumstances change before the ordered end date in your court order, you can request a formal review by the court. The legal requirements to modify alimony will depend on your state and your specific divorce decree. For example, if you agreed that your alimony award was non-modifiable, even a significant income change won’t be enough to allow the judge to change the order. Remarriage and AlimonyAlimony usually ends if the receiving spouse remarries, unless there’s a written agreement or court order to the contrary. However, judges in some states have the discretion to continue alimony even after the spouse receiving it remarries unless your written settlement agreement specifies that payment will stop if one of you remarries. CohabitationEvery state’s legal definition of cohabitation varies. States that are silent on a definition agree that cohabitation exists when two people live in the same home in a marriage-like relationship, sharing expenses, without being legally married. What Happens When a Supported Spouse Cohabitates with Someone New?Although most states have clear rules terminating alimony when the supported spouse remarries, what happens if your ex-spouse is in a relationship but not married? The court may still terminate alimony, but it depends on where you live and your case’s specific circumstances. Most states will reduce or terminate alimony if cohabitation significantly decreases the recipient’s need for support. For example, suppose you pay monthly alimony to your ex-husband, and he’s living with a new partner who is unemployed and broke. In that case, the court may not terminate your obligation to continue supporting your ex-spouse. Other states will terminate alimony, regardless of whether the cohabitation impacts the recipient’s economic status. For example, in one Utah case, a husband asked the court to end support payments after discovering that his ex-wife was cohabitating with a new partner. The court evaluated several factors when determining whether the cohabitation resulted in a marriage-like relationship, including: What Factors Do Courts Consider When Determining Permanent Alimony?If you and your spouse can’t agree on permanent alimony as part of your divorce negotiations, you’ll probably end up in court, where a judge will decide both the amount and duration of long-term support. When looking at who should pay alimony, and in what amount, courts consider the extent to which each spouse’s earning capacity (potential to earn income) is sufficient to maintain the marital standard of living, taking into account a long list of factors including: How Long Does Permanent Alimony Last?The term “permanent” alimony is somewhat of a misnomer. Very few, if any, support awards will continue permanently. Generally, for short-term marriages (under ten years), permanent alimony lasts no longer than half the length of the marriage, with “marriage” defined as the time between the date of marriage and the date of separation. So, if your marriage lasted eight years, you may expect to pay or receive alimony for four years. If your marriage was very short, permanent support may never become necessary. For example, if your marriage lasted only one year, you can expect to pay or receive alimony for six months; but this obligation may be met through temporary support payments. For marriages over ten years, there’s no hard-and-fast rule for figuring out how long alimony should last. Judges will consider various factors in order to place the supported spouse in a position as close as possible to the marital standard of living, until that spouse can reasonably become self-supporting. Can I Modify or Terminate Alimony?Yes. Either spouse may request that the duration and/or amount of alimony be modified (changed), as long as the original order (or marital settlement agreement) awarding alimony doesn’t contain any language that makes alimony “non-modifiable.” There are two ways to modify alimony. First, you and your spouse can agree to change the amount and/or duration of alimony. If this happens, you should enter into a written contract that spells out the new agreement, and ask the judge to turn the agreement into an official court order. If you can’t agree, you’ll have to head to court. The person who wants to modify alimony must file a motion with the court and show a “material change of circumstances” from the time the original support order was made. The involuntary loss of a job, for example, may constitute a material change of circumstances. If the payor spouse’s income has decreased through no fault of his or her own, a judge may find that it’s appropriate to reduce support. Finally, a support obligation will automatically terminate upon the death of the supported spouse. If the supported spouse dies before the alimony obligation ends, the payor spouse no longer has to pay, and the supported spouse’s estate can’t enforce the alimony order to its own benefit. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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What Papers Do I Need To File To Begin Divorce Proceedings? What Types Of Spousal Support Am I Eligible For? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/when-do-alimony-payments-stop/
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