Legal Question in Family Law in California
Cessation of Spousal Support
My soon-to-be-ex-husband of over 20 years has stated that he intends to retire at age 60, just 7 years from now. At that time he plans to ask the Court to cease spousal support.
1. What is the likelihood that a judge would approve his request?
2. Since we were married & living together for over 20 years (separated an additional 3 years), at the very least shouldn't I be entitled to receive support for a duration equal to half the length of the marriage, if not until I remarry or die?
3. Will the judge take my age, employment status (probably minimum wage at best), or any other factors into consideration? I will be 62 in 2013.
1 Answer from Attorneys
Re: Cessation of Spousal Support
It is impossible to give advice without knowing all of the facts of the case. Generally, the court would not recognize an "early" retirement as a change in circumstances that would allow for modification of spousal support. Keep records of the conversation as it could be useful to combat his motion to modify when he brings that motion. The court will consider all of the factors that you have listed. Good Luck, Pat McCrary
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