Question:

Years ago, I agreed to pay more than $40,000 per year in alimony for life; however, I am approaching retirement age and this amount is simply too much.

What factors are important for requesting a modification and reducing the alimony I have to pay?

Answer:

Many states allow for a modification of alimony or support obligations if there is a qualifying and significant change in circumstances.

That being said, if your divorce order or agreement stated that alimony was non-modifiable, you are not talking about a basic modification of an obligation amount — you are talking about re-opening a court order or agreement, which in most states is very difficult to do.

First, if your divorce order or agreement permits a modification, I would suggest consulting with one of our attorneys as quickly as possible to get the process started.

You will want to know if your ex-wife is entitled to receive any benefit from Social Security based on your earnings history (which depends on how long you were married among other criteria), as this will possibly help your case.

You should bring your divorce agreement or order with you to consult with an attorney to determine whether your obligation is modifiable. If it is, the fact that you want to retire and are  almost to retirement age should be considered by the court, as well as your ex-wife’s current financial circumstances.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Pennsylvania divorce lawyer Maura Boogay, contact Cordell & Cordell.