If I’m going to be retiring in a few years from now but I have permanent alimony to pay, what can I do since I won’t be able to afford it?

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If I’m going to be retiring in a few years from now but I have permanent alimony to pay, what can I do since I won’t be able to afford it?

Permanent alimony was awarded 9 years ago. The payment has never been delayed but with my retirement I won’t be able to pay what I am paying now.

Asked on October 2, 2017 under Family Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Alimony may be awarded if one spouse can show a need based on their income, expenses, etc. if the other party has an ability to pay their based on income, expenses, etc. However, once alimony is determined, even if it’s permanent alimony, it may be modified by the court. In such a case, the party seeking a change must show a substantial change in circumstance, such as a decrease/increase in income (by at least 15%), or an illness or other factors that may lead the court to believe that there is need to modify the existing order. 


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