How to Terminate Spousal Support on Long-Term California Marriages | Los Angeles Divorce

Understanding Long-Term Marriages

In California, the rules surrounding spousal support are designed to provide a safety net for individuals who may have been financially dependent on their spouse during a long marriage. A long-term marriage, defined as lasting more than 10 years, can lead to ongoing spousal support obligations. This means that even if both parties agree to a zero support order, the court still has the authority to revisit the issue later.

Why Termination of Jurisdiction Matters

Many clients express a desire to close the door on spousal support entirely. They want to ensure that the issue cannot be revisited in the future. To achieve this, both spouses must agree to terminate jurisdiction over spousal support. This involves signing a waiver that clearly states that both parties are waiving their rights to future claims regarding spousal support.

The Waiver Process

The waiver process is essential for anyone looking to terminate jurisdiction over spousal support in a long-term marriage. This document is detailed and requires both parties to sign and initial specific waiver language. Without this agreement, the court will not allow the termination of spousal support jurisdiction.

Common Issues in Termination Attempts

It’s common for individuals to face challenges when attempting to terminate spousal support through a default case. A default occurs when one party does not participate in the divorce proceedings. However, California law mandates that the court cannot approve a judgment that terminates spousal support for long-term marriages unless there is mutual agreement between both parties.

Default Cases vs. Hybrid Cases

Understanding the difference between a true default case and a hybrid case is crucial. A true default case is where one party does not respond at all, while a hybrid case involves a default with an agreement. Many people confuse these two, thinking they can save on court fees by opting for a true default. However, if you want to terminate spousal support, both parties need to be involved, even if one does not formally respond.

Why Hybrid Cases Work

A hybrid case allows for the benefits of a default without losing the ability to terminate jurisdiction over spousal support. This means that while one party does not have to formally respond, both must still agree to the terms set forth in the waiver. This distinction is vital for ensuring that spousal support can be terminated effectively.

What Happens If You Can’t Agree?

If you find yourself in a situation where you cannot agree on terminating spousal support, the court will likely mark the reserved jurisdiction over spousal support on your support order for judgment. This means that the court retains the authority to revisit the issue in the future, which is something many clients wish to avoid.

Implications of Reserved Jurisdiction

Having reserved jurisdiction can lead to complications down the line. If one party’s circumstances change significantly—such as job loss, health issues, or other life events—they may seek to re-establish spousal support. This can create uncertainty and conflict, which is why many individuals prefer to settle these matters definitively.

Consulting a Professional

Given the complexities involved in terminating spousal support in California, it is highly advisable to consult with a professional who specializes in family law. An experienced attorney can guide you through the process, ensuring that all necessary documents are correctly filed and that your rights are protected.

Scheduling a Consultation

If you’re facing challenges related to spousal support or any aspect of your divorce, consider scheduling a consultation. You can do this easily through my website, divorce661.com, by clicking on the blue button that says “Schedule a Call with Tim.” I’m here to help you navigate this difficult time and find the best path forward.

Conclusion

Understanding how to terminate spousal support in a long-term marriage in California is essential for anyone looking to close that chapter of their life. The process can be complex, but with the right knowledge and professional guidance, it can be navigated successfully. Remember, both parties must agree, and proper waivers must be in place to ensure that the door is firmly closed on future spousal support claims. Thank you for taking the time to read this guide, and I hope it has been helpful in clarifying the process for you.