Must I continue to pay alimony in my retirement years? Since 1981. I am 76.

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Must I continue to pay alimony in my retirement years? Since 1981. I am 76.

Divorced in CA. There is a clause in the decree that says if she remarries, the
alimony ends. How do I know if she has remarried or even still alive. We were in the
military at the time. Is there any kind of review process of the alimony requirement,
especially now that I am living on a reduced income? Been paying alimony now for
over 38 years. Is it possible to end it? Thanks, Tom

Asked on June 24, 2019 under Family Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Retirement does not automatically end or reduce alimony, unless the divorce settlement or decree stated that it does. And since retirement is generally considered voluntary--you could choose to have kept working, or to get a part-time job to supplement your pension or social security--even a reduced income in retirement will not typically end or reduce alimony, because you are not allowed to use your own voluntary choices or actions to reduce your obligation. Only if you cannot work any longer due to disability or some other factor(s) beyond your conrtrol would a reduction in income typically justify reducing alimony--and even then, you cannot simply decide to pay less or not pay, but have to bring a legal action in the court that awarded your divorce to get a court order reducing alimony.
As to whether she remarried, etc.: you may wish to hire a private detective to look into this for you. There are people and services who specialize in finding out information like this and gettng proof of it.


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