How To Terminate California Spousal Support During Long Term Marriage
Today we are talking about terminating spousal support on a long term marriage. If it’s possible because of the ten year rule.
First I have to disclose, I’m not attorney, we’re not a law firm so we can’t give legal advice so all of this information we’re going to provide, you should verify or ask an attorney.
We do handle a large line with divorce cases. Many of our divorce cases, the spouses are married for ten years or longer and if you do your research online, you’ll see that the California law indicates that marriages over ten years in length will result in jurisdiction over the issue of spousal support to be indefinite.
But what happens when both parties are making the same amount of money, they have a long term marriage and neither of them wants the court to retain jurisdiction. How can that be resolved?
Because we have mostly all amicable cases and cases where parties are working together to come into an agreement. There is a way you can ask the court to terminate jurisdiction over long term marriages and spousal support by using a specific waiver information.
Essentially, it will say something to the effect of the parties understand that they are waiving jurisdiction to spousal support despite that being in California law and they sign the agreement willingly, knowingly without the rest etc.
And we’ve been able to get the courts to approve long term marriage termination of spousal support, where the parties are in an agreement to do so.
We had a case just last week where the parties literally made identical amounts of money per month. It was a long term marriage and neither of them wants spousal support, neither of them wanted the court to have jurisdiction in the future towards spousal support.
So, that’s the language that we use, there’s obviously more to that language. It’s a full paragraph waiver and that’s been approved by the court and they’ve terminate jurisdiction on spousal support even on long term marriages.
Hope that’s helpful. You can read the article to this video by clicking the link below. It’ll take you right to the article a little bit more in depth about this issue.
Tim Blankenship, divorce661.com.
We’d be happy to help you with your divorce in California. 661-281-0266.