Canpermanent alimony be reduced or even terminated?

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Canpermanent alimony be reduced or even terminated?

Is it possible to get alimony reduced or terminated if my stipulated judgement has a clause stating I pay alimony until my X remarries or dies (couldn’t afford a lawyer at the time and missed this clause before I signed)? Divorce has been final for almost 10 years and was married 21 before the divorce.

Asked on April 18, 2011 under Family Law, California

Answers:

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

Answered 10 years ago | Contributor

Many times, the spouse who is paying the alimony has been told by prior counsel that they have to pay spousal support with virtually no possibility for stopping that alimony.  However sometimes there is a possibility to end spousal support.  An experienced family law attorney can create a strategy based on the case history and any settlement agreements to reduce or even terminate alimony payments. The fact is that in recent years, courts have decided cases based on the idea that alimony is temporary in nature, even for long marriages. In other words, spousal support is meant to come to an end.   In your case, it ends upon death of your ex-spouse or their re-marriage (and co-habitation could count).  However the issue of self-sufficiencyand an increase in earnings can come into play as well.  While modifying or termination alimony is not automatic or easy, it is possible.  Right now you should consult directly with a divorce attorney in your area to further discuss the specific details of your case.


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