Understanding when to stop paying spousal support: Explained.

The Ultimate Guide to Understanding When Spousal Support Can be Stopped

Going through a divorce is already a difficult time, and issues related to finances can often make the entire process even more challenging. One such issue is spousal support, also known as alimony, where one spouse may be required to make regular payments to their former partner. A common question that many people tend to ask is when they can stop paying spousal support. The answer to this question depends on many factors, including the terms outlined in the support order. In this article, we'll explore those factors in greater detail to help you better understand when spousal support can be stopped.

Understanding Spousal Support

Spousal support is financial support given by one spouse to the other during and after a divorce, designed to provide the recipient spouse with financial support while transitioning from a financially dependent position to one of independence. Spousal support is typically awarded when one spouse earns significantly less than the other spouse or has not worked for a certain period of time during the marriage.

Factors that Affect When Spousal Support Can Be Stopped

Several factors affect whether or not spousal support can be stopped. Understanding these factors is essential to know when you can stop paying spousal support.

Terms in the Support Order

The terms outlined in the support order typically determine when spousal support can be stopped. A support order is an official document that contains the details of the obligation of the paying spouse to the receiving spouse. This document details how long the spouse must make payments and the amount they will need to pay. The terms of the support order can vary, and therefore, the time at which spousal support can be stopped can vary as well.

Termination Date of the Support Order

The support order often contains a termination date. This is the date when the paying spouse will no longer be required to make spousal support payments. If a termination date is included in the support order, then spousal support can be stopped on that date. However, if no termination date is included, then spousal support can only be stopped upon a significant change of circumstances.

Change in Circumstances

If there is no termination date in the support order, the paying spouse can stop paying spousal support if there has been a significant change in the circumstances of either party. For example, if the receiving spouse has secured a well-paying job or has remarried, the paying spouse can file a motion to stop spousal support payments. It is important to note that in such situations, the burden of proof will be on the paying spouse to demonstrate that a significant change in the circumstances has occurred.

Retirement or Disability

Retirement or disability can also affect when spousal support can be stopped. If the paying spouse retires and has a significant reduction in income that affects their ability to make the spousal support payments, they can file a motion to modify or terminate the spousal support order. However, it is important to note that early retirement might not be considered a significant change in circumstances. Similarly, if the paying spouse becomes disabled and can no longer work, they may file a motion to modify or terminate the spousal support order as well.

Remarriage

If the receiving spouse remarries, spousal support can be stopped immediately in most cases. However, this is not applicable if the support order explicitly states that remarriage does not result in termination of spousal support payments.

Death of Either Parties

Another scenario when spousal support payments are stopped is when one of the parties passes away. If the receiving spouse dies, spousal support payments stop immediately, and the paying spouse is no longer required to make the payments.

Final Words

Understanding when spousal support can be stopped is critical for both paying and receiving spouses. The final decision is usually dependent on several factors, including the terms outlined in the support order, the termination date of the support order, the change in circumstances, retirement or disability, remarriage, and the death of either party. You should consult with an experienced family lawyer to better understand your rights and obligations related to spousal support. You don't have to go through this alone, and your lawyer can help determine whether and when you can stop paying spousal support.

For more information on stopping the spousal support payments in Arizona, visit stop paying spousal support in Arizona.

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