If you pay or receive spousal support, the monthly payments can largely affect your day-to-day life. While spousal support can be modified to reflect a change in one or both parties’ circumstances, it is pretty challenging to terminate spousal support before the planned termination date as assigned by the court. Our spousal support attorney at Law Offices of Michael D. Iverson, APC shares two ways spousal support can end early.
Remarriage of Receiving Party
If the receiving party of spousal support remarries during their payment period, the spousal support is eligible for early termination. Spousal support does not automatically terminate on the day of remarriage, instead, one party will need to file a motion for early termination of spousal support with the assistance of a spousal support attorney. If the paying party stops paying spousal support without early termination awarded by the court, they may still be responsible for the missing payments.
However, if the paying party remarries, spousal support will not be affected and will continue until the termination date awarded by the court or until the receiving party remarries.
Death of One Party
If one party passes away, spousal support will terminate. In the case of the death of the paying party, the paying party’s estate will not continue paying spousal support unless there are missing payments that will need to be paid out. In the case of the death of the receiving party, the paying party will not continue to pay spousal support for the benefit of other members of the receiving party’s family, as the spousal support was meant for their immediate support. An experienced spousal support attorney can help you review your spousal support agreement to understand how your spousal support may be affected by the death of one party.
Murrieta Spousal Support Attorney
When on the paying or receiving end of spousal support, it can be financially important to budget for unforeseen expenses. If you believe that you may have a case for the termination of spousal support before its planned time, it is important to consult an experienced spousal support attorney, like our attorney at Law Offices of Michael D. Iverson, APC.
Do you believe your spousal support may have a case for early termination? Schedule a confidential free consultation with our attorney today by calling (951) 418-2770 or contacting us online.