Ending spousal support before the original order states it should terminate depends on clear and convincing evidence of certain conditions.
Virginia law outlines specific conditions under which a judge will end the spousal support obligation, but it is up to the person paying to provide proof of any allegations that such a condition exists.
Cohabitation or remarriage
If your former spouse remarries, it should be fairly easy to get the court to end support. The law states remarriage will void any support order.
Cohabitation may be tricky to prove. You have to show your spouse is living with and gets some support from a romantic partner for at least a year.
Change in circumstances
If finances change substantially, it could be a reason the court will terminate support. You will have to show the changes and how long they will last. You must ensure the change is substantial enough to make paying support a hardship based on the same calculations the court used when first making the order.
Changes for your former spouse can also apply. If he or she has a great increase in income or a major change in circumstances that allows him or her to better support his or herself, then that might also qualify for terminating the support.
All alimony ends upon the death of one of the individuals. If you die, your former spouse has no claims on your estate unless you have a will or other document giving him or her access to your estate. But the court will not make the estate continue to pay alimony. However, it could hold the estate liable for overdue support payments.
Terminating spousal support is a decision a judge must make. You cannot end payments without a court order.