How can I get my alimony obligation terminated or at leaet reduced if I’m about to retire?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How can I get my alimony obligation terminated or at leaet reduced if I’m about to retire?
I pay $1800 a month in alimony; I was married for 23 years. My alimony has no end date and I’m 56 years old. Is it possible to retire at 62 and either reduce or stop alimony? Don’t we have a right to retire at some point and not have the alimony requirement?
Asked on June 12, 2012 under Family Law, California
Answers:
Cameron Norris, Esq. / Law Office of Gary W. Norris
Answered 12 years ago | Contributor
As the previous answer correctly points out, a material change in circumstance is necessary before your can get a change in the order. The problem is that you can't prospectively get the order modified based on a future change in circumstances. The change in circumstances has to be here and now. I know that makes planning for retirement difficult. If there have been any other changes in circumstances, then you may be able to get support reduced in the meantime. Is she working more? Has she made any efforts at getting employment? Is she well qualified? You may be able to impute income, so that the court says she should be making income even if she isn't. Even in long term marriages, the payee spouse has an obligation to make efforts to become self supporting.
Let me know if you have any questions and if you are in the Ventura County area I would love to represent you in this matter.
Best of luck.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
One needs to read your agreement or order on this matter to properly guide you. So your wife was given permanent alimony? Was this a marriage of long duration (10 or more years)? The court will retain jurisdiction for a modification and it is possible even in cases of "permanent" awards. The basis for your application to the court is that there has been a "detrimental change" in the obligor party's needs or ability to pay outweighs the other's need for support. In other words you will bring a proceeding on the basis of "changed circumstances". Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.