QUESTION

in a divorce with spouse paying alimony how is retirement and reduction of alimony addressed?

Asked on Jul 09th, 2014 on Divorce - Virginia
More details to this question:
Husband and I are negotiating our own divorce settlement. We have been married for 28 years and for most of that time I was a stay at home mom. We have agreed on everything and the amount of alimony he will pay until his retirement. He is 3 years older than me and will retire before I do in 14 years He says he will not be able to pay the agreed upon amount at that point and wants to set an amount that he feels he can afford in the settlement. I would like to state in it that we can come back and renegotiate at the time of his retirement because then we will have a better idea of what we each can live on at that time instead of agreeing to a set amount now.
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
It can be done either of the ways you specify, depending on what you both agree to.  If you are unable to reach an agreement, then a judge can determine the amount and duration of spousal support.  In any support ordered by the court, it is generally modifiable upon showing a material change in circumstances, such as that the payor retires.  At that time, then he could come back to court and ask for a reduction and it would be recalculated based on the situation at that time.  So, basically, if you don't agree with your husband's plan of spelling it out all out now, the court will do it your way of leaving it open-ended to be revisited later.  This however may not be the case in shorter term marriages where the court may only order support for a limited duration.  I am assuming that in your case the court will order lifetime support that will only terminate upon the death of either party, remarriage by you, or your living in a relationship analogous to marriage for more than one year. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Jul 09th, 2014 at 8:30 PM

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