What Happens to Alimony When the Payor Retires

By: Michelle L. Searcy Often, the longer the marriage, the longer the duration of the obligation to pay maintenance (alimony).  As a result, one party in a divorce may still have many years of support to pay, even as he or she approaches retirement age.  Unless that maintenance obligation is contractual and non-modifiable, the person owing a duty of support may have a basis to seek modification of the term and amount of maintenance.  Since contractual, non-modifiable maintenance requires the parties to agree to that aspect of maintenance, any orders that do not clearly state this condition are modifiable. Modifying maintenance places a heavy burden on the party seeking to modify to prove that a substantial and continuing change of circumstances has made the previous order unfair.  If you have reached full retirement age and are, in fact, retiring in a manner where your retirement income will not be sufficient to pay maintenance and your living expenses, your…

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