North Fort Myers, FL asked in Divorce and Family Law for Florida

Q: Need to ask ? About an alimony buy out.

I was divorced in 2005 and have been receiving alimony of 1300 dollars a month with no cost of living raises all those years, Im now 68 and retired and he's 57 and has done very well for himself, I would like to get a buy out so I don't have to worry every month if he's going to be late or not. I lived alone since he left in 2003. I just don't want to deal with him anymore, what can I do, life expectancy for a woman according to what Ive read is 87 years. How do they calculate how much a pay out would be and what would I need to do.

Thanks

Related Topics:
1 Lawyer Answer
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Hollywood, FL
  • Licensed in Florida

A: First of all you would need to make sure that your former spouse would agree to a buyout. Unless this was addressed in your marital settlement agreement you do not have a legal right to pursue it without the other side's agreement. You also need to recognize that your former spouse will have a right to retire at 65 and possible ask for a modification of the alimony. These factors are in addition to your life expectancy. You (or a family lawyer) would probably consult with an accountant who can calculate your potential alimony buyout. Speak with a local family lawyer for more specific advice.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.