Can Alimony Payments In Pasco County, Florida Be Reduced Because Of Retirement?
Some individuals in Florida who are paying alimony may be ready to retire, but are unable to do so because they can’t afford their alimony payments unless they are working. They may feel that it’s unfair that they be required to continue working simply to pay alimony.
In some cases, the alimony may be adjusted in that situation. If a spouse was required to pay permanent alimony, that alimony is not actually permanent, and can be modified by showing a change in circumstances, unless both parties agreed to non-modifiable permanent alimony in writing.
In order to get alimony adjusted because of retirement, the individual
paying the alimony will have to petition the court for a reduction.
Courts often reduce or terminate a permanent alimony award based on substantial changes in the payor’s circumstances, which could include a reasonable retirement.
Courts normally consider a reasonable retirement age to be 65. If a person wanted to retire at age 55, and petitioned the court for a reduction in alimony, that request would be less likely to be granted than if the payor were 65.
The unfortunate part about modifying alimony is that the individual seeking the modification must go into court again, which means notifying the former spouse about the proceeding, possibly lining up witnesses, appearing before a judge, and paying attorney’s fees and court costs. However, obtaining a reduction in alimony is generally worth the expense and inconvenience of court.