Can alimony be terminated?

My husband has been paying his ex-wife for 4 plus years. She cheated, did drugs and refused to work. She now lives with her boyfriend and has since

before the divorce. One of the stipulations was that she was to get a job but as far as I know, she has not done that. We are not even sure if she’s remarried or not.

Asked on March 5, 2017 under Family Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In CA, long-term spousal support can be terminated (or at least modified) under certain circumstances, that is unless there is a written agreement expressly stating that spousal support is non-modifiable. Otherwise, the court may grant a request to modify spousal support if the paying party can demonstrate a material change in circumstances. For example, in some cases the supported spouse has a duty to become self-supporting within a reasonable amount of time. If the spouse has not made any reasonable efforts to become self-supporting, the paying party may ask the court to terminate the spousal support. Also, cohabitation may also be a basis for seeking a change if the spouse who is being supported is cohabitating with a member of the opposite sex in a romantic relationship, you can request that the court order a termination or modification of support. Whether you can terminate or reduce your existing spousal support obligation depends upon the unique facts and circumstances of your case. At this point, you should consult directly a local divorce attorney to review your case and advise you on how best to proceed?


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