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  1. #1

    Default Spousal Support Termination Date

    My question involves a marriage in the state of: California

    Our marriage lasted about 11 years. There is no termination date for the spousal support in our divorce agreement granted by the CA court.

    If the agreement doesn't indicate the termination date, when can my ex stop paying the spousal support? Can the support be stopped without a court order?

    Many thanks!

  2. #2
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    Default Re: Spousal Support Termination Date

    Spousal support will continue until your ex petitions the court to terminate the obligation. Does s/he have reasons for doing so at this point in time?

  3. #3

    Default Re: Spousal Support Termination Date

    Thank you for taking your time to answer.

    My ex was told that termination date should be on 1/2 of the duration of marriage.

    Here is what in our agreement:
    "This sum shall be non-modifiable with one exception only. The only exception is that either party may seek a modification of the amount of support if they suffer an involuntary termination of employment or a disability leading to the inability to maintain their current income.
    The support obligation shall terminate on order of the court, the death of either party or the remarriage of the recipient spouse."


    It looks like our Order expressly made non-modifiable. "A spousal support order may not be modified or terminated to the extent the parties' written agreement or, if no written agreement, their oral agreement entered into in open court, expressly provides spousal support is not subject to modification or termination. [Ca Fam § 3651(d)]"

    Can an engagement be counted as marriage? This is the only change since our divorce. However, an engagement doesn't have the same financial quality as marriage and can be disregarded any time.

    Many thanks for your advice on how to proceed in this case.

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