Legal Question in Family Law in Florida
Alimony and QDRO
I was recently divorced.I receive
alimony until I remarry or pass on.
Husband is old enough to retire
Dec.09.When he retires I will get
retirement for 120 months.I moved
to another state,and haven't been
able to find a job.I wasn't able to
get more alimony because of no job.I was told I can't get more because I agreed to that amount
in the MSA.Can he reduce amount
of alimony since he agreed to the
settlement.On the QDRO when he
does retire or gets in the DROP
program he can't invest the part
that is to be paid to me as the
Alternate Payee into any other
investment plan can he???? He was
remarried 3 days after our divorce
was final and I don't want the other
woman to benefit from anything
that I am entitled to,and earned.
Please respond,with the economy
like it is I need my earned support
more tthan ever now!!!!!!!!!!!!!!!
1 Answer from Attorneys
Re: Alimony and QDRO
It is nearly impossible to get alimony increased above the amount that was agreed to. That's because alimony is based on the lifestyle of the marriage, and the lifestyle of the marriage can never go up. The lifestyle was what it was when you separated.
However, alimony can be decreased because the paying person can't afford it any more (unless your agreement specifically says the alimony is nonmodifiable). This is very common at retirement.
I'd have to read your settlement agreement and QDRO to answer your other question, but my hunch would be yes, he can invest the money into another plan.
Don't panic yet, though. Remember, to reduce the alimony, he has to prove he can't afford the alimony.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
