As couples increasingly divorce later in life, retirement is something that’s on more people’s minds as they work toward fair property division, spousal support and other agreements.
One concern that many spouses have if they’re required to pay spousal support (alimony) is what happens when it’s time to retire. Some wonder whether they can retire at all if they’re still paying alimony.
Whether that retirement is still years away or coming up in the fairly near future, if you’re ordered to pay alimony (spousal support) to your ex, will you be able to retire as long as you have that obligation?
What does state law say?
In Pennsylvania, the law states that alimony must be “reasonable under the circumstances.” The amount and duration are based on a number of factors, but the income and earning potential of both spouses are key. So are their age and health.
The good news for those ordered to pay spousal support is that the order can be modified as circumstances for either or both parties change. Generally, that includes the paying spouse deciding to retire at a reasonable age based on their line of work, their health and possible mandates by their employer – for example, as many airline pilots have.
Making your case
If you’re planning to retire soon – or even transition to part-time work as you get older, don’t just assume you’ll get the court’s approval to lessen or end your alimony payments. You’ll be expected to provide evidence of things like the following:
- Whether retirement is necessary given your age, health or other reasons
- Why you’re choosing to retire if you don’t have to
- What your estimated post-retirement income is expected to be (including Social Security and other benefits, retirement accounts and pensions and other sources)
Of course, a judge will have to look at your ex-spouse’s financial situation as well and how your retirement will affect it. They’ll also determine whether they’ve made a reasonable effort to become self-supporting if health conditions or age aren’t a factor.
Ideally, former spouses can agree to an arrangement that works for both of them. It may even be worth discussing during the divorce process if retirement isn’t far off. It’s best not to just spring it on an ex unexpectedly.
Whatever your individual situation happens to be, and whichever side of the alimony equation you’re on, when it’s time for retirement for either or both spouses, it’s wise to have experienced legal guidance in modifying the support order.