Under Pennsylvania law, the amount of alimony (spousal support) a person may be ordered to pay a former spouse and the length of time that support must be paid depends on several factors. These include the earning potential of both spouses, as well as their various sources of income, their assets and their ages and health. The purpose of spousal support is often to allow the lesser-earning spouse to have the time to get the experience, skills and education needed to become self-supporting after divorce.
For the increasingly large number of people who are divorcing in their 50s and 60s, a common concern among those required to pay spousal support is what will happen when they retire – and even if they can retire. That can be particularly concerning if their spouse is also in that age range and unlikely to be able to be self-supporting if they’ve been largely out of the workplace for years.
What do judges consider?
The good news is that the courts realize that many people want or even need to retire when they get into their senior years. If they’ve done physically challenging work their whole adult life, they may have to retire or at least step back from their work or transition to something else. That goes for everyone from construction workers to surgeons.
Generally, as long as someone is at an age where many people retire, courts will allow them to end or at least modify their support obligations. Judges typically want to know several things about both ex-spouses, however, before they approve a modification or end to a spousal support order. For example:
- Has the payor reached a “reasonable” retirement age? Generally, if they’re old enough to begin receiving Social Security retirement benefits, they have.
- What other income will the payor have if they retire? This could include Social Security benefits, retirement account distributions, investment income and more.
- Has the recipient taken reasonable steps to become self-supporting in the years they’ve been receiving alimony?
- What other sources of income does the recipient have besides alimony? Do they earn an income, receive their own Social Security benefits, have investment income, and so forth?
If you’re thinking about retiring or even cutting back on your workload in the upcoming year or so, it’s important to get legal guidance as soon as possible. This can help you build a strong case for modifying or ending your alimony obligations.
