Can Your Ex Retire To Avoid Paying Spousal Support?
Spousal support, or alimony, is often one of the most contentious aspects of a divorce settlement. If you are receiving spousal support, you may worry about what happens if your ex-spouse decides to retire. Can they simply stop working to avoid making payments? In California, the answer is not so straightforward. While retirement can be a valid reason to modify or terminate spousal support, courts will closely examine whether the decision to retire is reasonable and whether it unfairly impacts the financial well-being of the supported spouse. At Foster Hsu, LLP, our San Jose family attorneys are here for you.
When Can an Ex-Spouse Modify or Terminate Spousal Support Due to Retirement?
California law allows for the modification or termination of spousal support when there is a material change in circumstances, which can include retirement. However, simply choosing to retire does not automatically end the obligation to pay support. Courts will look at several factors, including:
- The age of the supporting spouse at the time of retirement
- Whether the retirement is reasonable and in good faith
- The financial impact on both parties
- Whether the retirement was planned and expected
If a supporting spouse reaches full retirement age (as defined by Social Security guidelines), courts are generally more likely to consider the retirement reasonable. However, if an individual retires at an unusually young age or does so primarily to reduce or eliminate spousal support payments, the court may view the decision as bad faith and deny a modification request.
How Courts Determine Whether Retirement Justifies Ending Spousal Support
When an ex-spouse petitions the court to modify or terminate spousal support due to retirement, the judge will evaluate several factors, including:
- The supporting spouse’s ability to work – If the paying spouse is still capable of working but chooses not to, the court may impute income, meaning they will treat the spouse as if they are still earning money.
- The financial situation of both parties – The court will assess whether the supported spouse still needs financial assistance and whether they have other income sources, such as employment, savings, or retirement benefits.
- The duration of the marriage – Long-term marriages (10 years or more) typically result in longer spousal support obligations, and retirement does not automatically end those payments.
- The retirement benefits available – If the supporting spouse receives a pension, Social Security, or other retirement income, the court may determine that they still have the means to continue paying spousal support, even if they are no longer working.
What If Your Ex-Spouse Retires Early?
Early retirement is often more difficult to justify as a reason to stop paying spousal support. If the supporting spouse retires before reaching full retirement age without a compelling reason (such as a medical condition), the court may deny the request to modify support. The court may also order that payments continue until the supported spouse can become self-sufficient or until a later date when the financial situation of both parties is reassessed.
Seeking Legal Guidance for Spousal Support Modifications
If your ex-spouse is retiring and seeking to modify or terminate spousal support, it is important to understand your rights. At Foster Hsu, LLP in San Jose, we help clients navigate spousal support modifications to ensure outcomes in your best interest. Whether you are receiving or paying support, contact us today for a consultation to discuss your options.
Source:
selfhelp.courts.ca.gov/spousal-support
