Spousal Support Modifications In California: Understanding Your Options
Life is full of changes, and sometimes those changes can impact your alimony or spousal support agreement. My name is Susan Witting, and I am a certified family law specialist. With more than 40 years of experience, I understand that circumstances can shift. As a result, sometimes alimony or spousal support can change too. If you are worried about or are considering spousal support modification, I can provide professional legal guidance to seek a modification of your alimony or spousal support agreement.
Making Changes To Spousal Support Obligations
You may think that spousal support or alimony is set in stone, but that’s not the case. Financial support or alimony does not need to go on forever until someone dies. In addition, support obligations do not automatically end when someone retires.
Alimony obligations continue until you request a change in spousal support. Support must be legally modified. At my firm, the Law Offices of Susan H. Witting, I can help you initiate a modification and proceed through the process of modifying your spousal support agreement.
Retirement As Grounds For Alimony Modification Or Modification Of Spousal Support
For the court to grant a modification in your spousal support, you need to prove that there has been a significant change in circumstances. Retirement can provide a significant change of circumstances, and that can be enough grounds for modifying or terminating your spousal support. Once you hit retirement age, which is 65, you can no longer be imputed income for the purpose of paying spousal support. In other words, the court cannot force someone to work after age 65 just to maintain the existing support levels. This means that retirement can be a valid reason to modify your spousal support or alimony agreement.
Frequently Asked Questions About Retirement And Spousal Support
As a certified family law specialist, I am a divorce attorney who has been practicing law for more than 42 years. I often get asked the same questions about support modification. If you have questions about your specific case, I am available by appointment for initial consultations where you can ask questions and get guidance on next steps.
Does spousal support automatically end when I retire?
No, spousal support does not automatically end when you retire. You will need to petition the court to modify or terminate your spousal support agreement. However, retirement can be enough of a change in circumstances to justify modifying your spousal support obligation.
Can the court force me to keep working past 65?
No, the court cannot force you to work past age 65 just to maintain existing support levels. Once you reach retirement age, you cannot be imputed income to calculate alimony. In other words, once you reach age 65, you are not expected to maintain the same levels of income as when alimony was originally established.
How does retirement income affect support calculations?
Retirement income can have a significant impact on alimony and spousal support calculations. However, to what extent will depend on the facts and circumstances of your specific situation. An experienced alimony modification attorney can help you better understand how your specific situation will be affected.
Consult A Thousand Oaks Alimony Modification Lawyer
Are you considering retirement but worried about your alimony payments? Are you worried about your ex-spouse retiring early? If you have questions about modifying your spousal support obligations, I am available by appointment to answer your questions and provide guidance about seeking an alimony modification. To schedule an appointment, please call 805-409-4138 or send me a message through my website. I look forward to answering your questions and telling you more about how I can help you with your spousal support modification.