When Does Spousal Support End?

by | Oct 1, 2016 | With Your Family in Mind

 The answer depends on your situation. If you’re paying spousal support, the answer is “Not soon enough.” If you’re receiving spousal support, the answer is “Way too soon!”
Those sentiments notwithstanding, there are guidelines for when spousal support begins and ends. Those guidelines are found in Family Code Section 4320, which, among other things, states:
Section l:
“(l) The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in Section 4336, a ‘reasonable period of time’ for purposes of this section generally shall be one-half the length of the marriage. However, nothing in this section is intended to limit the court’s discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, Section 4336, and the circumstances of the parties.”
“… self-supporting within a reasonable period of time” has been generally interpreted to mean the following: In a marriage of less than 10 years in length, it means one-half the length of the marriage… (unless for good cause as ordered by the Court).
So to answer the question:
If your marriage lasted less than 10 years, spousal support would end at a time equal to one-half the length of the marriage.
If the marriage lasted more than 10 years, it depends. If the supported spouse is young, healthy, has skills and is capable of working, the Court will give a reasonable period of time to become self-supporting, then modify spousal support, eventually to $0 (but maintain jurisdiction in case of future need).
In the event the supported spouse is older, unhealthy, lacks job skills, education, training, or has been out of the job market for an extended period, then if the supporting spouse has the resources, spousal support will continue unless cohabitation (where there is presumption of reduced need), remarriage (spousal support terminates upon remarriage unless extended by mutual agreement), or further order of court.
The foregoing is a short synopsis for when spousal support ends.
For more information on family law matters contact The Reape-Rickett Law Firm at 661-288-1000.

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