Modifying or Ending Spousal Support in California

By the FigureMyTax Editorial Team · How we calculate

In California, spousal support ends on the death of either party or the remarriage of the supported party unless the parties agree otherwise in writing, and a court can modify or terminate it on changed circumstances if it kept jurisdiction. A written waiver or non-modifiable agreement can limit later requests.

Death and remarriage

Except as otherwise agreed by the parties in writing, the obligation to support the other party under an order ends on the death of either party or the remarriage of the other party (Family Code 4337). Check the written agreement or judgment for different terms before relying on the default rule.

Changed circumstances

Section 4336(c) says that nothing in the long-duration section limits the court’s discretion to terminate spousal support in later proceedings on a showing of changed circumstances. Spousal support orders can be modified or terminated on a showing of changed circumstances unless the order is nonmodifiable or support was waived and the court’s jurisdiction has been terminated. The statute does not set a percentage change or waiting period.

Whether the court kept jurisdiction

A court can modify or extend support only if it still has jurisdiction. For a marriage of long duration, it retains jurisdiction indefinitely unless the parties agree otherwise in writing or a court order terminates support (Section 4336(a)). For other marriages, an order for a set period ends at the end of that period unless the court retained jurisdiction in the order.

The Section 4320 circumstances apply again

When the court reviews an order, it looks at the same Family Code 4320 circumstances as when it was made: earning capacity, ability to pay, needs, the marital standard of living, obligations and assets, and the self-support goal. A change that matters under those circumstances is the kind of change that can support a modification.

Child support is separate

Spousal support and child support are separate orders. If both are in effect, the termination of child support can be a change of circumstances that supports a request to modify spousal support, but the court decides what follows. See the California child support calculator for the child support side.

How a request is usually organized

A request to modify or terminate should identify the order or judgment, the changed circumstances and the Section 4320 circumstances they affect, and attach the documents that prove the change. Because a request is decided on the evidence, a clear before-and-after comparison of income, needs and assets is the most persuasive thing you can offer.

What to bring

Bring the judgment or agreement with its support terms, documents showing what has changed (income, health, employment, remarriage, living arrangements) and records that connect the change to the Section 4320 circumstances. See how long spousal support lasts in California for the duration rules.

Frequently asked questions

Official sources

• Family Code 4337: termination on death or remarriage
• Family Code 4336: marriage of long duration
• Family Code 4320: circumstances considered

This is general information, not legal advice. It is based on the cited California statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed California attorney.