Terminating and Reducing Spousal Support

By Aaron Dishon, Esq.

Can Long Term Spousal Support be Terminated or Reduced?

Many prospective clients come to me asking if they can reduce or eliminate their “permanent” spousal support payments. The answer is typically a resounding “YES!” In most cases, long-term spousal support orders CAN be modified, or even terminated, throughout the support period.

Except in cases where there is a written or in-court oral agreement by the parties expressly providing that spousal support is non-modifiable, the court generally retains continuing spousal support jurisdiction and can terminate or reduce spousal support in later court proceedings.

Assuming continuing spousal support jurisdiction, the court may grant your request to modify spousal support if we can show “a material change of circumstance” since the most recent court order. When reviewing your modification request, the court must consider the following factors:

• Reducing Support if Spouse is Self Supporting
• Modification Based on Ability to Pay Spousal Support
• Reducing Spousal Support Based on Obligations
• Other Factors that affect Modification of Spousal Support include:
  • Remarriage
  • Cohabitation
  • Retirement

Spousal Support