QUESTION
Can my ex stop spousal support after retiring?
Asked on Apr 25th, 2015 on Divorce - California
More details to this question:
My ex-husband wants to stop spousal support cause he retired and not making as much when our divorce was final. When he retire he makes 78,000.00 a year and I make less than 45,000.00. Can he take me back to modify, but he still makes more than I do even after retiring?
5 ANSWERS
Spousal support May have to be modified when he retires but it doesn't automatically stop.
Answered on Apr 29th, 2015 at 9:02 AM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Yes, but whether he deserves to win depends on under what circumstances the judgment is allowed to be modified and on whether he is obligated to continue working to earn more money.
Answered on Apr 29th, 2015 at 9:02 AM
Yes he can take you back to court to try to modify the support.
Answered on Apr 29th, 2015 at 8:41 AM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Yes, the amount of support should change based on his new income (assuming he retired at a reasonable age).
Answered on Apr 29th, 2015 at 8:41 AM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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The issue of spousal support can always be reviewed by the Court if there is a change in circumstances. The payor spouse can ask the Court to terminate or modify the support amount.
Answered on Apr 29th, 2015 at 8:40 AM