What Are My Ex-Spouse's Obligations for Alimony if He Retires?
Full Question:
Answer:
The answer will be determined by the terms of the divorce decree. We suggest your read its terms carefully to determine your rights and obligations regarding alimony, as well as those of your ex-spouse. Retirement won't affect the court's order unless it so states. The terms of the order will determine the duration and amount of payments.
When a divorce decree is issued by a court, that court retains jurisdiction to modify its order. A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final. Alimony may be modified if there is a significant change of circumstances and the order doesn't state that spousal support is non-modifiable. A significant change of circumstances may include, among others, a substantial increase or decrease in income, or contribution to expenses by another due to cohabitation or remarriage.
A motion and petition are generally the same thing, they are formals requests to the court for something. If granted, the court will issue an order. When the order is made, the requests in the motion/petition become enforceable.
