American Fork, UT asked in Divorce for Utah

Q: After 43y married husband (66yr) and I (63)yr are divorcing. How many years of support can I expect realistically?

My husband recently told me he can retire anytime he likes and he is not required to pay me anything except 1/2 of his military retirement and also a portion of his social security. He then informed me that he intends to keep working, perhaps starting his own business or consulting but I would not be eligible for any of that income because he proclaimed he legally retired.

For myself, I was a stay at home mother for the most part thru our married years by mutual agreement due the the nature of his military career and his civilian career requiring a great deal of travel. After raising our 6 children, it wasn't long before I also tended grandchildren as they began their married lives through school and early career set-up.

I would like to have a realistic expectation of what is fair to request for Spousal Support in my circumstance. I would like 5 years of Support, this would allow me to get on my feet and save for purchasing a home for myself etc.

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1 Lawyer Answer
Lane Wood
Lane Wood
  • Licensed in Utah

A: The answer to your question really depends on the specific facts of your case. By law, the Court can award support up to the length of the marriage. In your case, that is very unlikely. Where he is around retirement age, Alimony can become difficult if someone does retire. However, if he does open his own business after retiring, you could be eligible for alimony based upon that work. At some point with a real retirement, it can shift to a property division, including dividing any pensions and other assets.

With the complicated nature of alimony, I strongly suggest that you hire an experienced attorney to assist you.

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