Spousal Support: What if My Ex Retires?
What happens when the final divorce decree is not the end of the story?
It is not what anyone wants to hear, but divorced individuals know better than anyone that everything in life is subject to change. The spouse you thought you would be with forever is your ex. The road you are traveling now is different than the one you had once envisioned. With everything else in life subject to change, it may be dismaying – but should not be surprising – that even “final” terms in a final divorce decree may be subject to change. Particularly terms related to spousal support.
This is why it is wise – for many reasons – to craft a divorce decree that accounts for certain known eventualities. One eventuality: retirement.
If you are an ex-spouse relying on spousal support payments from your ex, you might have some questions, particularly if you receive the news that your ex-spouse is planning to retire soon. But what happens to spousal support payments when they retire? Will they still be required to pay the same amount in spousal support?
This article will introduce readers to some generalities surrounding what to expect and how a situation may play out when one ex-spouse who pays spousal support (Payor) retires. But it is important to remember that every divorce settlement is different, and every situation is different. The specifics of your own scenario and what you can expect may differ drastically from the norm. For expert legal advice tailored to your own situation, contact the Law Office of Bradley S. Sandler.
Spousal Support
Spousal support, aka alimony, is generally a court-ordered payment that one former spouse pays to the lower-earning former spouse. Spousal support is very, very rarely meant to be permanent. Its primary purpose is to enable the lower-earning spouse to maintain a life similar to that which they were accustomed to during the course of the marriage. However, the court will generally impose time limits to how long spousal support payments will be required.
Spousal support is rarely, rarely ever intended to be a permanent payment. The payee spouse will ideally transition into a self-sustaining position and life to move forward from when the payments cease. The length of time that spousal support will last is generally determined by factors such as the length of the marriage.
Change & Modification
The court will make spousal support decisions based on many factors, including the Payor’s income and ability to pay. However, what will constitute a “fair” support order could change if the Payor’s situation changes. Significant changes such as unexpected job loss, for instance, can lead to a need to request a modification to adjust the support order amount. A retirement could, depending on the circumstances, certainly qualify as a change warranting a modification request.
However, if the spouse receiving support believes that the retirement does not represent a significant change in the Payor’s circumstances, or they suspect that the retirement is simply an attempt to dodge spousal support obligations, they may be successful in a protest/challenge to a modification request. An experienced divorce attorney can help.
Contact the Law Office of Bradley S. Sandler
The experienced divorce attorney at the Law Office of Bradley S. Sandler can help you navigate every change that comes with divorce – both before and after the final divorce decree. Contact our office today to discuss your case.
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