Can you modify maintenance when you retire in Louisville? When long-term maintenance is ordered in a divorce case here in the Louisville area, it is usually based on a higher earner supporting a former spouse with less earning ability.
While it is less common these days, long-term maintenance is usually ordered when the underlying marriage lasted for a substantial period of time. In these cases, the maintenance may be ordered to continue until the death of one of the former spouses, remarriage of the recipient or future orders of the Family Court.
Retirement itself is not an automatic reason to reduce maintenance. You cannot opt to “retire” early (before the age of 65) and then simply claim “retirement” as a basis for reducing or attempting to eliminate maintenance obligations. Any modification to existing support will require a Family Court Judge to issue modification orders.
The issues regarding the ability to successfully modify maintenance when you retire are rooted in the age and health of the payor, the specific circumstances surrounding your retirement and the present financial circumstances of both parties.
The Court may revisit any and all of the elements of the “Status Quo” at the time of your divorce including but not limited to:
- The duration of the marriage
- The lifestyle or standard of living the parties enjoyed during the marriage
- The ability of the payor of maintenance to pay and the needs of the recipient
- The health of both parties
- The marketable skills and employment viability of both parties
Any substantial change to the “Status Quo” may warrant a consideration to modify maintenance when you retire.
You cannot be forced to work after retirement age simply to meet maintenance requirements. You also may not prematurely opt to retire early in an attempt to avoid the payment of maintenance.
Do you wish to learn more about your ability to modify maintenance when you retire? The divorce and family law attorneys at Dodd & Dodd provide sound insight, advice and counsel to our clients in these matters.
We invite you to review the strong recommendations of our former clients and contact us or call 502-584-1108 to schedule an appointment with one of our experienced divorce and family law attorneys.