Alimony & Retirement in the Orlando, Florida Area
- November 30, 2016
- ontarget
- Family Law
- 0 Comments
What is the Age of Retirement in Florida, if you are paying alimony?
Can You Voluntarily Retire from your employment at 65 and Stop Paying Alimony in the Orlando, Florida area?
Can your spouse retire at 65 and stop paying you alimony in the Orlando, Florida area?
Do you have to work forever to pay alimony in the Orlando, Florida? This may be the question that you are pondering, if you are at retirement age and paying alimony. The general answer is no. You do not have to work forever, if your alimony is modifiable; and it is not a true, or pure property settlement agreement.
If the alimony a true or pure property settlement agreement, that may foreclose you from receiving a modification of alimony. How do you know whether it is alimony or a pure property settlement agreement? Ask yourself whether or not you surrendered any valuable property rights in exchange for the right to receive periodic alimony payments. If you did do that, you will have an argument to prevent the payor spouse from modifying alimony. If you are the payor spouse, you may be on the hook to continue to pay alimony. You need to review your Martial Settlement Agreement and/or Final Judgement of Dissolution of Marriage.
When you turn 65 years of age, you may file a petition for termination and/or modification of alimony. That is per Pimm v Pimm, 601 So 2d 534 (1992). Pimm v Pimm, is a Florida a Supreme Court case that states that the age of retirement is 65 years of age in Florida.
Under a Pimm v. Pimm analysis, the court will determine if a voluntarily retirement is reasonable. The court must consider these factors in determining that:
- Payor’s age.
- Payor’s health.
- Payor’s motivation for retirement.
- Type of work the payor performs.
- The age at which others engaged in the line of work normally retire.
However, even if the payor spouse is 65 or older, he/she may not be able to unilaterally voluntarily retire, if it places the receiving spouse in the peril of poverty.
If you have more questions regarding modification or termination of alimony in Orlando, you may contact Ann Marie Gilden, Esquire of Ann Marie Giordano Gilden, P.A. at 407-732-7620 to set an initial consultation.
This article is for informational purposes only. It does not form an attorney client privilege.