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Can I Terminate My Spouse’s Alimony in My Orlando, Florida Divorce Case When I Retire?

Whether you can terminate your spouse’s alimony in your Orlando, Florida Divorce Case when you retire depends on certain factors. First, you must file a Petition to Terminate Alimony or in the Alternative to Modify Alimony, unless your spouse will stipulate in writing to your request. You would then need to obtain a court order ratifying the stipulation of termination of alimony. 

Retirement is a changed circumstance warranting a reconsideration of Alimony. Pimm v. Pimm, 601 S. 2d 534, 537 (Fla. 1992).  In determining whether a voluntary retirement is reasonable, the court must consider the payor’s age, health, and motivation for retirement, as well as the type of work the payor performs and the age at which others engaged in that line of work normally retire. The Florida Supreme Court in Pimm noted that sixty-five has become the traditional and presumptive age of retirement for American workers. The court noted that even at the age of sixty-five or later, a payor spouse should not be permitted to unilaterally choose voluntary retirement if this choice places the receiving spouse in peril of poverty. 

If there is a reasonable retirement under the circumstances, it does not constitute voluntary under-employment. Courts may not impute income to the retiring spouse unless the payor spouse voluntarily declined to find work paying at or above previous earnings. Trial courts may not impute income without finding that termination of employment was voluntary and that the underemployment was owing to less than diligent and bona fide efforts to find employment paying income at a level equal to or better than that formerly received.

 Even if there is a valid basis to imputes income, the imputation must be based on specific evidence of available jobs appropriate to spouse’s experience and physical limitations, how much they would pay, and other pertinent factors such as competition for such jobs in the relevant marketplace. Florida Statute 61.30(2)(b), requires evidence and findings of the employment potential and probable earnings based upon his/her recent work history, occupational qualifications, and prevailing earning level in the community if such information is available. Imputation requires current evidence of skills and of available jobs in the current market at similar income. Imputed income must be based on a finding that the spouse is capable of earning a specified, imputed amount and that he/she could, in fact, earn this amount by using his/her best efforts. The party that requested alimony must prove the factors for imputation of income. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https//: www.AnnMarieGildenLaw.com

This article is for informational purposes only; and it does not form an attorney-client privilege.