When a divorce occurs, one of the spouses may have to pay alimony support to the other spouse who is financially dependent upon them. The amount of alimony to be paid is calculated based on various different factors. One of the most important factors in calculating alimony is the income of the spouses. However, incomes oftentimes change and therefore the amount of the alimony payments may also change in time. One of the most common reasons in which a person’s income may change is if they retire. When a spouse’s income changes, they can petition the court to modify the amount of the alimony payments.
Before a court modifies the amount of alimony payments due to the retirement of one of the spouses, there are a common set of factors that the court will generally look to. These factors are plentiful and revolve around the ability of the spouse seeking the modification of alimony payments to demonstrate that the retirement of one of the spouses has substantially impaired their ability to support himself or herself. The court will also look at the circumstances at the time of divorce, which is when the alimony is typically calculated, and at the time of the petition for the modification of alimony to determine whether the circumstances have changed. Other factors that courts will examine:
- The reasonable expectations of the parties at the time of the divorce;
- Whether the supporting spouse was planning to retire at the time he or she did;
- The opportunity given to the dependent spouse to be able to prepare to live on a reduced amount of support;
- The age of the parties;
- The health of the parties;
- The motives for the retirement of one of the spouses;
- The timing of the retirement of one of the spouses;
- The ability for a retiring spouse to pay alimony after retirement;
- The ability for the other spouse to provide for themselves;
- Whether at the time of the divorce any attention was given to the idea of future retirement;
- Whether the retirement was mandatory or voluntary;
- Whether the retirement occurred earlier than anticipated at the time alimony was calculated.
Towson Divorce Lawyers at Huesman, Jones & Miles, LLC Successfully Resolve Alimony Issues in Divorce Cases
Towson divorce lawyers at Huesman, Jones & Miles, LLC regularly work with couples going through divorce to help either lower alimony payments for the supporting spouse or increase alimony payments for the dependent spouse. If you or someone you know is going through a divorce, our Towson divorce lawyers will help you navigate through the complex factors of alimony calculation and Maryland divorce law.
Our offices are conveniently located in Towson, East Pikesville, and Hunt Valley, Maryland so that we can represent families living in Baltimore County, Carroll County, Harford County and Howard County, Essex, Elliott City, Towson, Columbia, Bel Air and Westminster. Submit an online inquiry today or call us now at 443-589-0150 for a confidential consultation.