Proving That You Are Entitled to Stop Paying Alimony After Retiring

Due to recent changes in Florida’s divorce laws, it is now easier to cease or reduce alimony payments when you enter retirement. Today, many spouses are taking advantage of these new laws by establishing that they have reached normal retirement age. This process may be more complicated than it appears, and it’s not simply a matter of proving that you have reached a certain age. 

What is “Normal Retirement Age?”

 Under the new divorce legislation in Florida, spouses may petition to reduce or eliminate their alimony payments after reaching retirement. But does this mean that you can retire early and stop paying alimony as a result? What if you are in your 30s or 40s, and you have accumulated enough assets to simply sit back and enjoy the rest of your life? Unfortunately, you cannot simply retire early and stop paying alimony. The legislation states that only those who have reached “normal retirement age” may cease or reduce alimony.

The definition of “normal retirement age” is somewhat elusive. Under the general Social Security guidelines, this age is 65. However, it may also range from 62 to 67 depending on the unique circumstances of each senior. In addition, it is worth noting that the average retirement age in the United States is 61 – which is lower than any of the ages set forth by Social Security. Perhaps most notably, different professions are associated with different retirement ages. According to Time Magazine, employees who tend to work the longest before retiring include:

• Tax preparers
• Clergy
• Farmers and agricultural managers
• Drivers
• Real Estate Brokers
• Psychologists
• Dentists
• Teachers
• Lawyers

In contrast, there are many professions that are associated with very low average retirement ages. Examples include:

• Soldiers
• Firefighters
• Police officers
• Paramedics
• Sheet metal workers
• Pilots
• Correctional officers

Therefore, it is difficult to establish when you might be eligible to reduce or cease alimony payments without first taking your profession into account. This is something you can discuss with your alimony attorney in Orlando during a consultation.

Other Factors Courts Consider When Deciding Whether to Cease Alimony 

Aside from the profession of the paying spouse, there are other factors to consider when determining whether alimony may be ceased or reduced:

• The health of the paying spouse
• The nature or type of work that the spouse performs
• Any social security benefits available to both spouses
• Any retirement plan benefits available to both spouses
• Any pension benefits available to both spouses

Again, these factors vary between Florida residents. If you wish to stop paying alimony as you approach retirement, you should discuss these factors with a divorce attorney in Florida.

 Where Can I Find a Qualified, Experienced Alimony Attorney in Orlando? 

If you’re approaching retirement and you wish to stop paying alimony, your best bet is to book a consultation with a qualified Orlando spousal support attorney as soon as possible. These legal professionals are well aware of recent changes to Florida’s divorce laws, and they can guide you toward the best possible outcome with up-to-date advice. With their help, it is possible to stop paying alimony and enjoy your retirement without unnecessary financial burdens. Book your consultation with Steve Marsee, P.A. today and get started with an effective action plan.

Sources: 

ssa.gov/pubs/EN-05-10035.pdf

time.com/4726657/retirement-age-jobs/