Legal Question in Family Law in Missouri
Alimony Amount Upon Retirement
I am considering retiring. I pay my ex-wife $600 a month pursuant to my divorce decree. The decree states this is to be paid until her remarriage or death. If I retire my income will go down substantially and I simply will not be able to pay that much. Do I have any recourse other than working until she dies, because she is not going to remarry.
1 Answer from Attorneys
Re: Alimony Amount Upon Retirement
I would need more information before I could answer your question. Does the Judgment in your divorce case make the Order requiring you to pay maintenance to your ex-wife modifiable or non-modifiable? How old are you and your ex-wife? Can your ex-wife work? Does your ex-wife have sufficient assets or income producing assets to be self sufficient? Generally, unless the award is made non-modifiable, you may file a Motion to Modify and ask the Court to lessen or eliminate your obligation due to your changed circumstances. In any event, I would strongly suggest that you consult with legal counsel. If you suceed, you will more than make up the initial costs of going back to Court. Good luck.