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Nigh Law Group, LLC

3 reasons why spousal support may be terminated

If you are in the midst of a divorce, there are many issues you will likely have to negotiate with your ex. Property division, custody if you have kids and housing arrangements are just a few. Spousal support is another important consideration that you should not neglect.

If your standard of living will change as a result of the divorce, you may be eligible for support, but the following actions can lead to a termination of support.

Retroactively approved modifications

Even after approving a spousal support request, a court can typically modify the agreement retroactively. If this results in an owed sum due to overpayment per the adjustment, the spouse who provided support may be allowed to collect these sums. A court, alternately, may not modify the agreement but rather terminate it altogether for a number of reasons. This is relevant to the rising number of older couples who, according to Reuters, worry about the financial consequences a divorce may have on their lives. 

Retirement and/or aging

Once a spouse receiving support begins receiving retirement benefits or social security, a spousal support arrangement may be terminated. Sometimes, when the spouse providing support retires or begins receiving social security, the agreement is also eligible for termination. This may be specified in a payment plan for your alimony.

Remarriage or cohabitation

Courts may terminate spousal support if the recipient remarries or begins cohabitating with another partner. In such circumstances, there is an expectation that the new spouse or partner will replace the income previously provided by the ex. Though remarriage typically precedes support termination, terminating support on the grounds of cohabitation may be more complex.

If you are providing or receiving spousal support and in need of legal support, consulting with a lawyer can help. Contact an attorney for help with this or any other legal issues you have relating to divorce.

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Nigh Law Group, LLC
115 W Main St.
Ste. 300A
Columbus, OH 43215

Phone: 614-379-6444
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