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

UPDATED: Oct 1, 2022

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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, New Link Destination

Asked on June 24, 2019 under Family Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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