QUESTION
Can I stop paying my ex spouse alimony when she starts getting a portion of my pension and social security benefits?
Asked on Aug 19th, 2014 on Divorce - California
More details to this question:
I hope to retire in 3 years at 62. I pay my ex $2000/month alimony, and have for 12 years. We were married 23 years. Her portion of my pension is $1000, and her SS benefit of half my SS benefit at 62 is $1000. When she is eligible for both, can I request of the court to be released of paying alimony any longer since she will be receiving a like amount, both from my benefits?
7 ANSWERS
If the court retained jurisdiction over support, then you may be able to get the amount reduced. You should consult a family law attorney to review all of the documents and advise you.
Answered on Aug 21st, 2014 at 8:19 AM
Domestic Law Attorney serving Vista, CA
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Ralph L. Williams
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You cannot just stop paying without a court order. You must file a motion to modify/terminate spousal support based on the change of circumstances of the reduction in your income and that each of you will be receiving the same amount of income. Motion will have to be filed when the change has occurred or is very close to occurring.
Answered on Aug 21st, 2014 at 8:18 AM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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As you are aware, spousal support is based on the parties' incomes. The pension etcetera will change your spouses income level. You need to file a Request for Order to terminate or in the alternative modify spousal support.
Answered on Aug 21st, 2014 at 8:17 AM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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Yes. Once her income is increased and your ability to pay is reduced, you can request that the Court to reduce or terminate the spousal support order based on her decreased need for support and your decreased ability to pay support.
Answered on Aug 21st, 2014 at 8:14 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Just before you retire, meet with an attorney. Spousal support depends on many factors. It may end when you retire or not. But it sounds like the amount should be modified.
Answered on Aug 21st, 2014 at 8:13 AM
Not unless you have a court order permitting you to stop paying. About six months before you retire, have a good family law attorney in your community file a motion with the court to arrange a modification of your spousal support order. Good luck.
Answered on Aug 21st, 2014 at 8:13 AM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Your change in income, and her change in income are each changes of circumstances that should be considered by the court, given these changes it sounds like a new order would be appropriate (unless that circumstance was already addressed in your Final Judgment, in which case look to the Judgment to see what you both agreed would happen at retirement).
Answered on Aug 21st, 2014 at 8:13 AM