Q: Can I modify alimony payments due to retirement and health issues at age 72?

A: In general, the change in your income would be considered a change in circumstances by the court. This should allow you to file a Request for Order to modify spousal support. You can inform the court of your new income and your former spouse's ability to collect Social Security derivative benefits.

However, this is all under the assumption that there is no language in your dissolution judgment that would prevent you from modifying spousal support. It would be helpful to consult with an attorney and provide them with your judgment documents to accurately determine your options going forward.

A: Given your age, retirement, and recent health complications due to a stroke, you have valid reasons to request a modification or termination of your alimony payments. In California, significant changes in your financial or health status, such as retirement or severe illness, can justify an adjustment to ongoing support obligations. Additionally, considering you have been paying alimony consistently for over two decades, the court may be receptive to revisiting your obligations.

Your former spouse's eligibility for spousal Social Security benefits, particularly if they exceed the monthly alimony amount you currently pay, is relevant. Courts typically consider the financial independence and needs of both parties when evaluating alimony modifications. Because her financial situation has likely improved due to Social Security benefits, this could strengthen your case for reducing or eliminating your payments.

To initiate this modification, you'll need to formally request a hearing in Riverside County, where the original divorce judgment was entered. Be prepared to present evidence demonstrating your retirement, your recent stroke, and your reduced financial capacity. Given these factors, it is advisable to consult with an attorney to guide you through the process and to effectively advocate for your changed circumstances.