Los Angeles, CA asked in Divorce and Family Law for California

Q: Can I stop spouses support after I retire or right before. It was a long term marriage

Married for 24 years, divorced in 2001. Can I go back to court and have the spousal support dropped. Because I'm going on social security soon income is going to change. My income is going to be a lot lower.

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1 Lawyer Answer
Shawna Murray
Shawna Murray
Answered
  • Irvine, CA
  • Licensed in California

A: When your income drops due to a change in circumstances, such as you describe, then yes, the court will likely reduce or eliminate spousal support. Shortly before you retire and start collecting social security instead of getting your usual pay check, then you should file a Request for Order to Modify Spousal Support. Do note that you need to be of retirement age, 65 or older. This request won’t be granted if you retire early. I strongly encourage you to contact an attorney who can give you fact specific advice for your case.

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