Westbrook, ME asked in Divorce for Maine

Q: I am paying a% alimony. The decree states that I pay until she remarries or is 67. I want to retire at 62she will be 60

She already took 1/2 of the retirement , but will get my social security. Can I retire or at least go to part time or does this mean I am forced to work full time until 69?

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1 Lawyer Answer
Robert Guillory
Robert Guillory

A: It is hard to tell you exactly what your options are without seeing the divorce judgment but generally spousal support awards can be modified if there has been a substantial change of circumstances. if you elect to retire and that decision is reasonable, especially if you have health problems or have trouble doing the same job, then you can file a motion to modify the divorce judgment to either lower or eliminate the spousal support award. The court will look at your current income including the retirement you are collecting and your ability to continue to pay the award and will look at your ex wife's continuing need for the support considering her income and expenses.

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