CALIFORNIA FAMILY LAW
...Spousal Support
......Termination/Duration of Support
.........Termination Not Permitted
24 Cards On This Topic:
  • No spousal support termination after lengthy marriage absent evidence supported spouse will be able to adequately meet needs on date selected for termination.
  • Orders providing for absolute termination of spousal support on specified date are disfavored.
  • S/S did not terminate per MSA terms until H actually left employment. So long as he continued to work for same employer under revised employment status, W’s right to s/s continued.
  • Court has no jurisdiction to terminate its jurisdiction over s/s while appeal of judgment awarding s/s or dividing c/p is pending.
  • Indefinite spousal support award appropriate after marriage of less than 10 years.
  • Absent changed circumstances, termination improper, notwithstanding passage of time, when initial order did not specify termination date.
  • Failure to terminate support after H paid for 18 years affirmed.
  • Tacking of prior marriage permitted where very short marriage preceded by prior lengthy one to same party.
  • Eight year marriage. Error to terminate support for disabled H where W's earnings twice H's disability income.
  • 24 year marriage. Termination not permitted after H's retirement due to W's age and low net income.
  • Ten year marriage. No termination date despite award of substantial c/p and W's ability to become employed but lack of desire to do so.
  • 6-1/2 year marriage. Indefinite support award affirmed.
  • Seven year marriage. Abuse of discretion to terminate jurisdiction.
  • 25 year marriage. Error to terminate spousal support where W 44, no employment training and suffering from potential blinding disease.
  • Error to terminate spousal support where supported spouse a licensed attorney, but with no job prospects.
  • Evidence, not speculation, must support inference that supported spouse will become self-supporting.
  • Termination not permitted after 22 year marriage. No factors weighed in favor of termination, except that H got custody of child.
  • 18 year marriage. Despite H's obvious financial difficulties, error to terminate spousal support after six months where W's need continued.
  • Cannot set future termination date for supported spouse currently in need of support in hope it will help her become self-supporting.
  • Mere passage of time not change of circumstances for modification of spousal support.
  • 16 year marriage. Termination not required due to W's physical problems even though she earned as much as H.
  • Burden of justification on party seeking termination.
  • Miscellaneous cases wherein spousal support termination was not permitted.
  • Effect of failure of supported spouse to become employed.