Family Law Blog

Can Spousal Support Be Extended?

Thursday, September 13, 2018

After a marriage is dissolved via divorce, often the separating parties agree on a payment between them at the end of the marriage. In spousal support, one spouse agrees to pay the other spouse a certain sum in order to support them during the transition to single life. In most cases, these payments are designed to support the spouse until they become independent, but what happens if spousal support runs out and you still cannot support yourself, can you get it extended?

Spousal support is divided into three categories - Rehabilitative, Permanent, and Lump-Sum. A lump-sum payment is paid all at once and thus no recurring payments are necessary. Rehabilitative payments are made so the ex-spouse can seek employment or finish college in order to become self-supporting. Finally, permanent spousal support payments are common after long marriages where the ex-spouse did not have the ability to develop skills in order to seek employment.

In both lump-sum and permanent spousal support, an extension won't be needed. However, when a spousal support agreement is agreed upon by the divorcing couple or put in place by the courts, they often come with modification clauses. These clauses can mean no modification - thus no extension - is possible or can only be modified if certain criteria are met. In most cases, modification clauses are used so that one party doesn't get taken advantage of. For example, if an ex-spouse is gainfully employed, the spousal support may be modified so that it can be stopped because they no longer need it. However, this modification can work the other way if one spouse has not found employment and needs an extension.

If you are divorcing and want to make sure spousal support will be in place to take care of you, contact us today. Let us help you get the best possible outcome from your divorce.