Q: I have a court order for permanent alimony for the past 11 years. Ex-husband wants me to agree to terminate alimony.
Ex-husband left his job two years ago and voluntarily, took a buyout and did not get another job. He continued to pay the alimony but now he wants to stop paying. He's an engineer by career and is now looking to be a yoga instructor/massage therapist. I am on SS disability for a permanent medical condition and have been unable to support myself without his alimony payments. He is 61 and I am 63. He has not considered any employment even though employment has been offered to him. He keeps threatening to end the alimony and wants me to sign an agreement that I will freeze alimony until he's able to make some money. He lives with a girlfriend that pays all the bills and I own my home and will lose that home and have to file for bankruptcy without his alimony. Do I have any options or will my alimony end because he has no job and is a student?
A: Your ex-husband is willfully underemployed. He could make a motion to terminate your alimony, but he would have to show a permanent change in circumstances that is not his doing. He can move to terminate alimony if he claims to be retired, although he has not reached the customary age to do so. You need a experienced attorney who can guide you through all the intricacies and aspects of this process. If he stops paying you will need to file a motion to enforce. You should not sign his agreement without a thorough review by an attorney and advice on your situation.
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