Family Matters.
When It Really Matters.

Can You Modify Spousal Support When You Retire?

On Behalf of | Mar 10, 2021 | Spousal Support

Can you modify spousal support when you retire in Carlsbad or San Diego?  When long-term spousal support is ordered in a divorce case here in the San Diego area, it is usually based on a higher earner supporting a former spouse with less earning ability.

While it is less common these days, long-term spousal support is usually ordered when the underlying marriage lasted for a substantial period of time.  In these cases, the spousal support may be ordered to continue until the death of one of the former spouses, remarriage of the recipient or future orders of the Family Court.

Retirement itself is not an automatic reason to reduce spousal support.  You cannot opt to “retire” early (before the age of 65) and then simply claim “retirement” as a basis for reducing or attempting to eliminate spousal support obligations.  Any modification to existing support will require a Family Court Judge to issue modification orders.

The issues regarding the ability to successfully modify spousal support when you retire are rooted in the age and health of the payor, the specific circumstances surrounding your retirement and the present financial circumstances of both parties.

The Court may revisit any and all of the elements of the “Status Quo” at the time of your divorce including but not limited to:

  • The duration of the marriage
  • The lifestyle or standard of living the parties enjoyed during the marriage
  • The ability of the payor of spousal support to pay and the needs of the recipient
  • The health of both parties
  • The marketable skills and employment viability of both parties

Any substantial change to the “Status Quo” may warrant a consideration to modify spousal support when you retire.

You cannot be forced to work after retirement age simply to meet spousal support requirements.  You also may not prematurely opt to retire early in an attempt to avoid the payment of spousal support.

Do you wish to learn more about your ability to modify spousal support when you retire?  The Certified Family Law Specialists at Burke & Domercq provide sound insight, advice and counsel to our clients in these matters.

Protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.