Mobile, AL asked in Divorce for Alabama

Q: If Alabama divorce decree states alimony to stop when ex spouse turns 62, can alimony be stopped automatically?

Exspouse turned 62, alimony was stopped the next month. The divorce papers state that alimony will be paid periodically until the ex spouse turns 62 at which time she will be covered under the ex spouse social security.

The ex spouse will not be 62 and eligible for social security until 2021.

She is saying that he should have never stopped the alimony, and he should pay all back pay as well as continue to pay until 2021.

Is she correct?

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1 Lawyer Answer
Kristine Jones
Kristine Jones
Answered
  • Montgomery, AL
  • Licensed in Alabama

A: Hello, it is difficult to know how to answer without reading the entire document. Does it mean the ex spouse will be covered under her own social security when she turns 62? Does it mean when her ex-husband turns 62 in a couple of years? It doesn't seem like leaving a 2 year gap is what was intended, but maybe it was? It seems like alimony was to be paid until she can file for social security, hers? or her ex husbands? You would do well to find counsel in your area and have them read over the divorce decree to know how to proceed. Best of luck!

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