Can I Ever Retire?

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Can I Ever Retire?
A Guide for Spouses Responsible for Paying
Alimony or Support
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RETIREMENT AND ALIMONY
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When you are required to pay alimony payments,
you may be obligated to provide monthly income
to your spouse
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The amount of monthly income that you are
required to provide may be payable only as long
as you continue to work
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This may result in concerns about WHETHER YOU
WILL EVER BE ABLE TO RETIRE
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Retirement is Possible
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• Retirement is possible
• even when you have support obligations

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You cannot and will not be expected to continue
working for the rest of your life in order to
keep paying support after a divorce
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Retirement and Children
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If you and your spouse have children together and
you have a child support obligation, generally
retirement comes once the youngest child has
turned 18 or, if the child is in high school full
time, once the youngest child has turned 19
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Retirement and Spousal Support
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• If you are concerned about retirement solely
  because of spousal support,
• it is important to understand that you may retire
  and have your support obligation modified
  provided it is REASONABLE TO DO SO

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You cannot retire very early simply to avoid a
support obligation
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However, if you reach the normal retirement age
(65) and wish to retire, your support obligation
can be modified to reflect your changed
circumstance
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Alimony May Not Stop at Retirement Age
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• When you do retire,
• there is no guarantee that
• your alimony will stop

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• Depending upon the terms of your spousal support
  order, your alimony may be scheduled to continue
  on an indefinite basis even once you have reached
  retirement age and chosen
• to stop working

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You will need to petition the court in order to
request modification of your support obligation
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Calculating Alimony in Retirement
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When making a change to your support obligation
because of retirement, the court will consider
the income that you will have coming in
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You may be required to pay continued alimony at
the same level or at a lower level if you have
sufficient income to continue providing support
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Arguing Your Case
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If you are seeking to retire and wish to have
support reduced or ended, it will be up to you to
follow the appropriate legal procedures and
convince the court that a change to your alimony
obligation should be made
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An experienced divorce and family law attorney
can help you to pursue a change to your alimony
obligation in retirement
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We invite you to contact us at [phone] to
schedule a consultation
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