If you’re preparing to divorce in your 50s or later, you’re likely looking forward to retirement. Whether it’s traveling the world, turning a long-time hobby into a full-time one or relaxing and enjoying life in a condo overlooking Lake Tahoe, you may wonder if that dream retirement will be possible if you are ordered to pay alimony.
California has several types of alimony (spousal support) that can be ordered. This includes the possibility of “permanent” alimony when a marriage has lasted for at least a decade. The duration and amount of alimony are determined by factors including both spouses’ income, earning potential, age and health.
The original support order can be modified as circumstances for one or both former spouses change. One of those changes may be retirement. No state’s law requires anyone to work forever so that they can pay alimony. That includes California. As long as you are retiring at a reasonable age for your profession, seeking a modification of your support order will likely not be a problem. However, you should not be unprepared to present your case.
Seeking a support order modification
Before seeking a modification (or an end to alimony), keep in mind what a judge will likely consider and possibly question you and your ex-spouse about. Some examples of questions include:
- What your post-retirement income will be
- Whether you’re retiring at a reasonable age
- What your ex-spouse’s income and assets look like with your proposed modification
- Whether your ex-spouse has made reasonable efforts to get employment given their age, health and other factors
Ideally, you and your spouse will have an amicable enough relationship that you can make them aware of your plans, discuss the matter and agree on a path forward. However, in many cases this may not be possible.
If you are near retirement as you divorce, you should think about how alimony payments may affect you. If your divorce was some time ago and you are now ready to retire, it is important to determine how much alimony (if any) you’ll continue to pay so you can get a clear post-retirement financial picture. Either way, seeking legal and other professional guidance is important.