Terminating Spousal Support On Long Term Marriage | California Divorce

We handle a lot of divorce cases in California every month an so come across a lot of different issues.

If you do your homework, you will learn that California considers any marriage over 10 years to be of long term.  As this pertains to spousal support, the Courts say that long term marriages have indefinite jurisdiction over spousal support.

What this means is that the Court will have the jurisdiction to award Spousal Support indefinitely when the marriage is over 10 years.

So here is the question.

  1. How do you terminate spousal support on long term marriages when the parties agree that they want to do so?

First, I must state that we are not a law office and not attorneys.  We just process a high volume of divorce cases in California. We cannot recite the law or give advice, we are simply explaining what we have come across and how we have handled it.

So for the first question.  How to terminate spousal support on long term marriages when the parties agree.  What we have done is to have both the parties sign a waiver. This is a waiver we drafted and include it in the judgment on the spousal support order part of the judgment.

We simply make sure to cover the reasons spousal support can normally be requested or modified.  We say the parties agree to terminate spousal support and that the order terminating spousal support is non-modifiable by either party for any reason and that regardless of future needs of spousal support or ability to pay spousal support, the court cannot make orders for spousal support.

If the parties stipulate to terminate spousal support on long term marriages, the courts will generally sign off on this.

Depending on the Court, they may reject the judgment.  We have had some Judges state that they will not approve agreements that violate the law.  They have told us that in long term marriages, the Court will retain jurisdiction indefinitely, you remarry or die.

So it appears it will depend on the Judge if you can get them to approve the judgment terminating spousal support on your long term marriage.

If you find your judgment getting rejected for this reason, one last thing you can do is file a motion (Request For Order) to enter judgment.  In the motion you can request the court grant your judgment to terminate spousal support.  You and your spouse can attend the hearing and explain to the court that you are willingly giving up this right.

We would love to hear any feedback from folks who have done this or attorneys who have had other successes.

We are a licensed and bonded legal document preparation firm that specializes in divorce.  We are headquartered in Los Angeles, CA and serve all the Courts in California.

Do You Need Child Support Or Spousal Support Orders?

We are a full service divorce company that prepares, files and serves your divorce documents.  This includes assisting you with child support and spousal support orders. We can prepare your motion or assist you in filing a Response if you have been served. We can help you during your divorce or even after your divorce (Post Judgment).

How Spousal / Child Support works when you are getting divorced

If you are  going through a divorce, you can file a motion with the court and ask for spousal support or child support or both. At any time, while going through the divorce process, you can file a motion with the court.  These motions are called Request For Orders.  When you file a motion for child support or spousal support, a court date will be set.  The orders that are made at the hearing will give you temporary orders until time of the final judgment in the divorce case.

How Spousal Support / Child Support works after you have divorced

Any thing done after your divorce has been finalized in called “Post Judgment” which simply means “after the judgment”. When you file a motion to modify spousal support or child support there normally has to be some “change in circumstances” for the court to order a modification of support.  Normally if one of the parties loses a job or is now making more money is justification to request a modification of support. It is best to call our office so we can discuss if a modification is appropriate.

If you were served with a Request for Order for support

If you were served a motion or request for order, you can file a Response.  A Response is your opportunity to tell the judge your side of the story. Their are specific rules on filing a Response related to filing, service and due dates.  Don’t wait too long before calling us as it does take a few days to prepare your declaration and file them with the court.

California Spousal Support | What You Need To Know About Spousal Support In California

California Spousal Support | What You Need To Know About Spousal Support In California

We have many clients that have questions about Spousal Support.  When going through divorce in California, it is important that you understand how Spousal Support works.

Watch this quick video that discusses spousal support.

Do You Have These Questions About Spousal Support?

  • How Does Spousal Support Work?
  • How is Spousal Support Determined?
  • Can I Get Spousal Support
  • Will I Have To Pay Spousal Support
  • How Much Spousal Support Will I Have To Pay?

How Spousal Support Works And Is Determined

Spousal Support is determined by 2 things.

  1. Income of the parties
  2. Length of Marriage
  3. Need for support

Spousal support calculations can be complex, but at the basic level, this is what is boils down to.

Basic Rules of Spousal Support

  • If you make more money than your spouse, you may have to pay Spousal Support
  • If your marriage is longer than 10 years, the court can retain jurisdiction over spousal support for ever
  • In most cases, the parties can agree to waive spousal support

How Is Spousal Support Determined

As mentioned above, spousal support is determined by how long the marriage was, how much each of the parties make and if there is a need for spousal support.

The Court uses a program called a “Dissomaster” which runs a calculation to determine how much spousal support will be.  The resulting dollar amount is called “Guideline spousal support”.  This means it is simply a guideline.  The parties can agree to more or less Spousal Support than the Guideline amount.

We Can Help You Determine Spousal Support

We are a licensed and bonded divorce document preparation firm.  We specialize in helping clients get through divorce without attorneys and offer a flat fee divorce service.

Part of our services is to help you determine how much spousal support will be if you plan on paying or receiving spousal support.  As mentioned above, you can always decide to waive spousal support.

Your decision to waive spousal support is up to the parties.

We Have The Courts Dissomaster Program

One of the hardest things you will find is that there is no way to get your hands on a Dissomaster report without calling a divorce attorney.  We have found that divorce attorneys are charging $250 just to run a simple Dissomaster spousal support calculation.

Well we have the dissomaster program and running spousal support calculations are part of our flat fee service.

When you work with our divorce service to prepare your divorce case, we will include a dissomaster printout (which is required by the way) when you are going through a divorce in California.  This includes even when you are asking the court to waive spousal support.

Call Us Today!

If you are considering a divorce and want to save thousands of dollars by not hiring an attorney, please give us a call.  We have helped 1,000’s of people complete their divorce without the need for attorneys.

You can reach us at 661-281-0266.