The Disability Partial Release provision addresses whether spousal support may be partially released if the recipient becomes disabled. This provision ensures that both parties understand whether spousal support obligations will be modified or reduced in the event of disability while still allowing for some degree of financial assistance to continue.

Options:

1. Disability Partial Release (Yes or No):

   • Yes: Selecting Yes means that spousal support obligations may be partially reduced or adjusted if the recipient becomes disabled. While a full release of support is not granted, this provision allows for a reconsideration of the financial arrangement to reflect the recipient’s new circumstances, which may include additional disability-related benefits.

   • Example: If the recipient becomes disabled and begins receiving disability benefits, the spousal support payments may be reduced, while still maintaining a portion of the support to assist with ongoing financial needs.

   • No (Default): Selecting No means that no partial release will be granted in the event of disability. Spousal support payments will continue as originally agreed, even if the recipient becomes disabled and begins receiving disability-related benefits.

2. How It Works:

   • Review Process: If the recipient becomes disabled, both parties may initiate a review of the spousal support arrangement to assess whether a partial release is appropriate. The review may consider the recipient’s new income from disability benefits and their overall financial needs.
   • Adjustment: Based on the review, spousal support payments may be reduced but not entirely eliminated, allowing the recipient to receive some financial assistance in addition to their disability benefits.

Link to Other Release Provisions:

• This provision can be used in conjunction with other Spousal Support Release options, such as upon payment of the spousal support set out in this Agreement or upon completion of the property settlement. However, the disability partial release focuses specifically on the recipient’s new financial situation due to disability, ensuring that their needs are still met while allowing for potential reductions in support.

Benefits:

• Fairness: Allows for flexibility in the support arrangement, ensuring that the recipient’s financial needs are still considered, but adjusting the payor’s obligations based on the recipient’s receipt of disability benefits.
• Adaptability: This provision provides a way to modify support based on changes in circumstances related to disability, offering protection for both parties while maintaining a degree of financial assistance for the recipient.
• Financial Stability: While the partial release allows for adjustments, it ensures that the recipient does not face a sudden and complete loss of support during a time of increased need due to disability.

Why This Matters:

The Disability Partial Release provision ensures that spousal support remains flexible in cases where the recipient becomes disabled. It allows for adjustments to reflect the recipient’s new income and financial situation, while still maintaining some degree of support. By selecting Yes or No, both parties can agree on how disability impacts spousal support, providing clarity and fairness in the arrangement.