Question Concerning Maintenance
In my divorece decree, I have been paying maintenance to my
former spouse. She will also received half of my pensiong
from the day we retired. My question is, will my maintenance stop when I retired? I will only be receiving
58% of my regualr salary.
1 Answer from Attorneys
Re: Question Concerning Maintenance
In order to provide competent advice in response to your question, an attorney would have to read the actual Decree of Dissolution, Family Court Judgment, or whatever Court Order is currently in effect. However, generally speaking, in most cases the obligation to pay maintenance does not automatically stop upon the payor's retirement. If your Court Order for maintenance is modifiable, and if sufficient time has elapsed, you might have grounds to file a Motion to Modify seeking a Court Order terminating the maintenance payments. If you are close to retirement I would suggest that you consult with an attorney in your area to get specific legal advice based upon your particular facts. Good luck!