Retirement is a significant life transition that brings many changes, including financial adjustments. For divorced people who have been paying spousal support (also known as alimony), retirement often raises an important question: Are you still responsible for continuing these payments after you retire?
The short answer is: It depends. In Virginia, retirement doesn’t automatically terminate spousal support obligations. However, it can be grounds for modifying or terminating support under certain circumstances.
Understanding Spousal Support in Virginia
Spousal support is designed to provide financial assistance to a former spouse who may be at an economic disadvantage following divorce. The duration and amount of support are typically determined during divorce proceedings based on factors such as:
- The financial needs and resources of each party
- The standard of living established during the marriage
- The duration of the marriage
- Each spouse’s earning capacity and employability
- Contributions to the family’s well-being during the marriage
Retirement as a Material Change in Circumstances
In Virginia, spousal support can be modified if there has been a “material change in circumstances” since the original support order was issued. Retirement can potentially qualify as such a change, but it’s not automatic.
Courts consider several factors when determining whether retirement justifies a modification of spousal support:
- Whether the retirement was voluntary or involuntary
- The age and health of the retiring spouse
- The impact of retirement on the paying spouse’s income
- The reasonable expectations of the parties at the time of the divorce
- The ability of the receiving spouse to be self-supporting
Voluntary vs. Involuntary Retirement
The distinction between voluntary and involuntary retirement can be crucial. If retirement is involuntary, such as due to health issues or mandatory retirement policies, courts may be more inclined to consider it a material change in circumstances.
Voluntary retirement, especially if it occurs earlier than the standard retirement age, may be scrutinized more closely. Courts will consider whether the decision to retire was reasonable and made in good faith rather than as an attempt to avoid support obligations.
Planning Ahead: Addressing Retirement in Your Divorce Agreement
The best way to handle the impact of retirement on spousal support is to address it proactively during the divorce process. Your divorce agreement can include provisions that specify how retirement will affect support payments. For example:
- Setting a termination date for support that coincides with the expected retirement age
- Agreeing on a reduced support amount upon retirement
- Including a clause that requires renegotiation of support terms upon retirement
Having these provisions in place can provide clarity and potentially avoid costly litigation in the future.
Modifying Spousal Support Post-Retirement
If your divorce agreement doesn’t address retirement or if circumstances have changed significantly since the agreement was made, you may need to petition the court for a modification of spousal support.
To do this:
- File a motion with the court that issued your original support order
- Provide evidence of your changed circumstances (e.g., retirement income, health issues)
- Demonstrate how these changes affect your ability to pay support
Remember, you must continue paying the current support amount until the court approves a modification.
Seeking Legal Guidance
Managing spousal support issues during retirement can be complex. Each case is unique, and outcomes can vary widely based on individual circumstances. It’s important to seek experienced legal counsel to explain your rights and obligations.
At Surovell Isaacs & Levy PLC, we have over four decades of experience helping individuals in Northern Virginia and the Washington D.C. metro area through complex family law issues, including spousal support modifications. Our team of skilled attorneys can provide the guidance you need to understand your options and pursue the best possible outcome for your situation.
Whether you’re planning for retirement or already retired and considering a support modification, we’re here to help. We’ll learn about your unique circumstances, explain your rights, and develop a strategy tailored to your needs.
Contact Surovell Isaacs & Levy PLC today for a consultation and ensure your rights and financial well-being are protected as you enter this new phase of life.
Posted in: Family Law, Spousal Support