Can I be forced return to work and not collect Social Security so that I can afford to pay my wife higher alimony?
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Can I be forced return to work and not collect Social Security so that I can afford to pay my wife higher alimony?
I plan to reitre when I turn 62 in February. I plan to file for divorce from my wife of 26 years around the same time. (It’s been a terrible marriage that lasted only due to the kids–who are now grown.) My income will be around $2400 a month ($1700 from Social Security and $700 from a pension). I’m OK with giving her 1/2 of that ($1200/month) and 1/2 of all assets (about $150,000 for each of us). But my current salary is about $6000/month. Can she force me to not retire (or return to work) so that she can get more alimony (i.e., to better maintain her current lifestyle)?
Asked on November 23, 2010 under Family Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You need to consult with a family law or divorce attorney. The answer is, you may not be able to do this. If you lower your income at the same time that you file for divorce--and when lowering you income is voluntary (i.e. you want to retire; you don't have to), there will be an assumption, perhaps even a presumption, that you are doing this specifically to reduce your potential obligation. In that case, your support obligation may be set at the level you had been and could be earning, not at the lower level you would like, because the assumption will be you could make that much money. Especially 62 is generally considered a somewhat early retirement and results in you getting less social security, it will look like you are deliberately making an unfair or spiteful choice. Consult with an attorney about the best timing, strategy, etc. before doing anything.
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