How Can Alimony Be Terminated?Alimony can be terminated automatically by certain conditions such as when the person receiving spousal support:- dies
- remarries
- cohabitates (moves in with a lover)
- becomes self supporting
A person may also petition the court to end alimony. Conditions that would allow this include when the person paying spousal support: - losses their job
- would suffer extreme hardship if required to pay
- would be unfairly treated if required to pay
The party attempting to terminate alimony must prove that either a condition exists that can automatically terminate alimony or that they are damaged so badly by alimony that it must be ended to prevent harm. Keep in mind that proving unfairness in court is extremely difficult and a real hardship must exist to the point that even normal activities cannot be sustained.
How Can I Prove Cohabitation?It can often be difficult to prove that two people moving in together are lovers, particularly if they are of the same gender. But cohabitation will be proven if one can show that the two people live together, share expenses, and are generally recognized as a couple. Although state laws specifically deal only with heterosexual cohabitation, many states are willing to extend them to homosexual couples as well.
If Alimony Is Terminated, Can It Be Renewed Later?No, once alimony is terminated, it is completely over for both parties. If the receiving party wants to extend alimony beyond the termination date, they must request a modification of alimony before that date arrives. If the paying party can prove one of the automatic conditions, then alimony will be terminated and cannot be renewed again.
Do I Need a Lawyer To Help Terminate Alimony?Attempting to terminate alimony is difficult even under the best of circumstances and can quickly turn into a nightmare if your former spouse is very uncooperative and does not want alimony to end. Consult with an experienced family attorney to explore your options. |
