Legal Question in Family Law in Massachusetts
I live in Massachusetts and am going through a divorce after 14 years of marriage and 2 years of living together. No children involved. I am 59 and my husband is 62, planning to retire at 66. My lawyer is getting me alimony, $250 per week. He makes $80K per year. I was told my alimony will stop when he retires. Is this true? Can I collect from his social security? I am unable to work due to illness and am on disability.
1 Answer from Attorneys
On the issue of retirement, under the new Alimony Law of 2013, the default is that alimony terminates upon retirement of the payor. However, the judge does have discretion to deviate from that - i.e. order alimony beyond retirement age - if the circumstances warrant it. As for social security, because you were married for more than 10 years, you can collect SS as an ex-spouse of his, which would result in a higher amount if he was a higher earner. Of course, if you choose to remarry, that may affect this entire analysis.
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