There was a lot of media attention last year to the change in Florida law that removed permanent alimony as an option in divorce. The law included other changes that weren’t so widely covered.
The new law also addresses what factors are considered if a person seeks to end or lessen their alimony payments because they are retiring. Retirement is often a concern for those ordered to pay alimony – especially as more people are divorcing closer to their retirement years. Further, even though permanent alimony is no longer an option, a number of people were granted permanent alimony prior to the change in the law.
Certainly, a person should be able to retire at a reasonable age or if other conditions require it – even if they’re still paying alimony. However, since that will likely change their financial picture – and potentially affect their ex’s – the court needs to be involved. Remember that there’s a court order involved.
What does the current law say about retirement and alimony changes?
Florida law now states that the court will consider whether the paying spouse has reached the “normal retirement age as defined by the Social Security Administration or the customary retirement age for his or her profession.” It will also look at their “motivation for retirement and likelihood of returning to work.”
Their health may also be a factor – particularly if their work involves physical labor. Beyond that, it will likely look at that person’s other sources of income, like pension, VA and Social Security benefits as well as their assets and potentially other factors.
The court will also consider the financial effect on the recipient spouse of a reduction or end of alimony if they object to the reduction. Their income, assets, health and other factors can be considered.
The law states that a person who seeks to modify or end their support payments because they’re retiring cannot file a petition more than six months in advance of that retirement. Nonetheless, if you’re planning to retire or at least move from full-time to part-time or freelance work, the sooner you get legal guidance to help build a solid case, the better your chances are of getting the modification you’re seeking.