If my ex-husband has just retired and is requesting a termination of our current alimony order, how do I respond/object to this in court?

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If my ex-husband has just retired and is requesting a termination of our current alimony order, how do I respond/object to this in court?

I received a summons to court in regards to him requesting to modify/terminate the existing permanent alimony order due to his retiring. What can I do to request the oringinal order remain in effect and unchanged? Married 16 years 11 months.

Asked on July 17, 2012 under Family Law, California

Answers:

Phong Han / Eaton & Associates

Answered 8 years ago | Contributor

Assuming that your divorce was conducted in California, a spouse may request that their spousal support obligation be terminated when there is a loss of job or reduction in salary.  Although there is a provision to prevent a reduction in support due to a spouse quitting their job or voluntarily reduces their salary, there are many factors that determine whether or not the reduction in salary would be qualify for a reduction of spousal support.

Every case is different and because of that, a retirement may or may not be considered a voluntary reducation of salary, depending on the circumstances of that retirement.  It is always a good idea to speak to a family law attorney when dealing with requests for reductions and termination of spousal support.


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