It’s been almost two years since Florida restructured its alimony system and ended “permanent” alimony for future divorcing couples. Many of those who supported this end to permanent alimony argued that someone ordered to pay permanent alimony might never be able to retire.
Even someone who was ordered to pay permanent alimony multiple years ago can seek a modification of their order when circumstances warrant it. Such circumstances include situations like a significant drop in income due to retirement. Of course, it can be easier to seek a modification when the order wasn’t intended to be permanent in the first place.
What factors does the court consider?
The law that ended the option of permanent alimony addresses alimony modifications due to the payer’s retirement. It states that if a person seeks to reduce or end their alimony payments due to retirement, the court needs to consider things like:
- Whether they’ve reached the “normal retirement age as defined by the Social Security Administration or the customary retirement age for his or her profession”
- Their “motivation for retirement”
- Their “likelihood of returning to work”
- Their health, if applicable
- Their other sources and amount of income (like pensions, Social Security retirement benefits, VA benefits and more
- Their total assets
The court also needs to look at the circumstances and finances of the person receiving the alimony and what effect the requested change will have on them. That means looking at many of the same factors, including other sources of income, as well as their ability to work and support themselves.
Under the law, the person seeking to amend their support order can file a petition to do so with the court up to six months in advance of their retirement. However, it’s always best to start planning as soon as possible. It can be helpful to learn more about the applicable law and get sound legal guidance to make the strongest possible case when the time comes to do so.