QUESTION

Will the alimony stops upon retirement?

Asked on Aug 01st, 2013 on Divorce - Illinois
More details to this question:
Illinois resident - as per my divorce decree, when I retire my alimony payments stop. I wish to retire now and move to Florida. If I pay my former spouse her 50% share of my retirement fund, I have a QILDRO set up for this; my retirement fund is via the TRS (Education retirement fund). If I work in Florida will I still have to pay her alimony?
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2 ANSWERS

Divorce and Family Law Attorney serving Hillside, IL
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If it is stated in your divorce judgment that you stop paying out alimony upon your retirement, then you stop paying alimony upon your retirement. However, if you then return to working, in Florida, you would then no longer be retired, & I would think that you would then have to resume paying the alimony. A skilled divorce attorney would need to discuss this matter with you in greater detail, review your divorce judgment & ask you many questions, in order to give you the complete, proper legal advice you need.? Schedule a consultation ASAP. Once the issue is resolved to your satisfaction, you'll be glad you paid the money to hire her/him & properly protect your legal rights.
Answered on Aug 06th, 2013 at 12:15 AM

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Nothing says your maintenance stops when you retire. Some courts have denied such requests. Your maintenance may get reduced but not terminated. It depends on what the current orders say.
Answered on Aug 01st, 2013 at 4:54 PM

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