Many spousal support orders are rehabilitative. The goal is to help a dependent spouse restart their career and acquire the experience or education necessary to earn a competitive wage. However, if the marriage lasted 10 years or longer, the family courts can potentially order long-term spousal support.
Particularly in scenarios where a dependent spouse left the workforce to raise the couple’s children or where their health issues may prevent them from optimizing their career development, long-term support is potentially on the table during a divorce. Those hoping to secure support and those ordered to pay support are often unsure about how long it may last.
When does long-term spousal support end?
After a predetermined number of payments
Even long-term spousal support orders may include an end date. The courts may order 120 monthly payments, for example. Typically, the spouse paying support has to continue doing so until the end of the support order. The payments end automatically once the paying spouse has fulfilled their obligations according to the support order.
After the death of either spouse
Particularly in a gray divorce scenario, the potential exists for either spouse to die before the support order technically ends. In some cases, the language of the support order may give the recipient spouse grounds to request financial support from the estate of the deceased paying spouse. Typically, the death of either spouse results in the immediate termination of spousal support.
After the recipient remarries
Spousal support exists to ensure that a dependent or lower-earning spouse can afford basic cost-of-living expenses. When they have a new spouse who can help provide them with financial support, they typically become ineligible for continued spousal support. If the recipient spouse remarries before the formal end of the support order, the paying spouse can ask the courts to modify the support order by terminating it early.
Occasionally, factors including good fortune on the part of the recipient spouse or issues affecting the earning potential of the paying spouse might result in a reduction in support duration or payment amounts. Major health challenges and job loss are among the various factors that could result in the courts approving a support modification.
Numerous scenarios may result in the early termination of spousal support. Understanding the rules that govern California spousal support can help people negotiate fair financial terms during a divorce or modifications of an existing support order.