Different Ways of Terminating Alimony in California

Alimony termination is a polarizing issue. Spouses battle over the issue during divorce. More commonly, they fight over it after the divorce judgment.

California laws that allow termination of alimony significantly vary depending on the length of the marriage and the circumstances. Short-term marriages usually result in easier termination. Long-term marriages become more contested and sometimes very high conflict. And then there are the unusual (and little-known) termination events like criminal conduct or domestic violence findings.

How does the court determine if it should terminate alimony? What must spouses and ex-spouses know about this complex topic?

Alimony Termination Starts with a Request for Order

A common way to end spousal support is a family law request for order filed with the court that sets a court date.

These are common in various circumstances, including but not limited to the following. Each of the code sections we summarized is more complex than our summary. When we summarized it, our goal was to give a general idea of the code section, not every aspect of it.

Reason Description
A Short Marriage That Reached the Halfway Duration These typically arise after the judgment. For example, if the spouses were married for six years, the case concludes one year after separation, and the supporting spouse wants to end spousal support two years later, he or she would file a request for order.

Hopefully, the supporting spouse's lawyer was smart enough to place a termination clause in the judgment, so a formal request for order would not be necessary.

However, it is not unusual for a spouse or lawyer to forget to do that or have ambiguous language regarding termination.
A Post Judgment Case with a Significant Change of Circumstance The supporting party's loss or reduction in income, the supported party's increase in income, the supported party's failure to make reasonable efforts to become self-supporting, and many other factors can contribute to such a post-judgment request for order.
Spousal Support Termination Agreements Of course, spouses are free to agree to terminate spousal support and even the court's power (called "jurisdiction") to award it.

These types of agreements can be quite complex and an attorney's advice is important to ensure the agreement was drafted properly before submitting it to the court for signature.
Family Code 4321 In a judgment of dissolution of marriage or legal separation, the court may deny spousal support to one party if certain conditions are met. The Court may deny spousal support if the party requesting support has sufficient separate property, can earn their own livelihood, or if there is enough community or quasi-community property to provide enough support.

Additionally, if the other party has been awarded custody of the children and supports them, this may be grounds for denying spousal support.
Family Code 4322 Family Code 4322 reads, "In an original or modification proceeding, where there are no children, and a party has or acquires a separate estate, including income from employment, sufficient for the party's proper support, no support shall be ordered or continued against the other party."

That should be self-explanatory.
Family Code 4324 Family Code 4324 states when a spouse is convicted of attempting to murder the other spouse or soliciting the murder of the other spouse, the injured spouse is entitled to a court order prohibiting any temporary or permanent spousal support or insurance benefits from being awarded to the convicted spouse. The term "injured spouse" refers to the spouse who was the target of the attempted murder or solicitation of murder, regardless of whether actual physical injury occurred.
Family Code 4324.5 In a divorce proceeding where one spouse has a criminal conviction for a violent sexual felony or domestic violence felony against the other spouse, and the divorce is filed within five years of the conviction (including time served), specific rules apply:
  • The convicted spouse is prohibited from receiving spousal support from the injured spouse.
  • The court can order that attorney's fees and costs be paid from community assets, but the injured spouse's separate property cannot be used to pay the convicted spouse's attorney fees.
  • If justified, the injured spouse can request the date of separation be set as the date of the incident leading to the conviction or an earlier date.
  • The injured spouse is entitled to 100% of the community property interest in their retirement and pension benefits.
Additionally, if the convicted spouse provides documented evidence of being a victim of a violent sexual offense or domestic violence by the injured spouse, the court may choose not to apply some or all these provisions. These rules apply only to convictions on or after January 1, 2019.
Family Code 4325 In a divorce proceeding where one spouse has a criminal conviction for a domestic violence misdemeanor or a related misdemeanor that results in probation, and the conviction occurred within five years before or during the divorce process, there is a rebuttable presumption that certain rules apply:
  • The convicted spouse is generally prohibited from receiving spousal support from the injured spouse.
  • If economic circumstances justify it, the court may order attorney's fees and costs from community assets, but the injured spouse's separate property cannot be used to cover the convicted spouse's legal fees.
  • At the injured spouse's request, the date of separation can be set as the date of the incident leading to the conviction or an earlier justified date.
This presumption can be rebutted by the convicted spouse if they can provide evidence of being a victim of domestic violence perpetrated by the injured spouse or if other just and equitable factors exist. The court may also award up to 100% of the community property interest in the injured spouse's retirement and pension benefits to the injured spouse, considering factors such as the duration of the marriage, the impact of domestic violence on the convicted spouse's earning capacity, and the balance of hardships between the parties. These rules only apply to convictions occurring on or after January 1, 2019.

Cohabitation Does not Automatically Terminate Spousal Support

Contrary to urban legend, cohabitation does not automatically end spousal support.

However, cohabitation does raise a presumption that the cohabitating spouse has a reduced need for spousal support. We wrote an informative guide on alimony and cohabitation in California, which we encourage you to read.