People who are receiving or paying spousal support should be aware of what events may result in an end of payments. In addition, people who are entering into divorce mediation may benefit from getting a sense of how the law treats this issue in order to make well-informed decisions.
Changes affecting either the person making payments or the person receiving them could be relevant to whether a support order is still valid. Here are some important things to know about terminating spousal support.
Agreements that people enter into voluntarily and support orders from a court typically specify a duration. Nevertheless, stipulating a set length of time does not guarantee that payments must continue until that time expires.
When people are suddenly unable to make payments because their earning capacity declines due to a disability, they can seek a modification. It may be possible less spousal support or none at all.
A person’s death will automatically terminate payments. Spousal support generally does not pass on to an estate.
Remarriage or cohabitation
Remarrying or living with someone else does not automatically void people’s entitlement to support. However, the person making payments may petition a court to end payments by showing that the recipient’s new living status has changed his or her financial status.
Ohio’s statutory law governing spousal support may not address a lot of individuals’ situations. The issue of whether to continue or terminate payments is often up to a judge’s discretion. Alternatively, people can mediate the issue and attempt to arrive at a mutual agreement.