Indefinite spousal support can sound very scary for the person who will be paying spousal support. For the person receiving support, it may sound like it is permanent. But both parties need to understand that indefinite spousal support means “until something changes.” What are some changes that could lead to modification or termination of indefinite spousal support?
- Remarriage of payee to a new spouse with income that could replace the support
- Loss of job of payor
- Reduction in income of the payor
- Substantial increase in income of payee
- Substantial inheritance to payee
- Cohabitation of payee with a partner with income that could replace support
- Retirement of the payor
These are the major reasons that could lead to a termination or reduction in spousal support. But none of these reasons are a guarantee. Each circumstance must be looked at carefully because every situation is different.
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I am 63, 64 in November. In Sept it will be 2 years since the divorce and my ex will be eligible for 37% of my social security. I would like to retire soon as my job is very physical. She already has received half my pension and 401k and our assets are pretty similar. I have to pay her $2350 a month presently. If the only difference in our income is the difference in social security will I have to continue to pay her support? What can I expect? How expensive is it to renegotiate? I have worked a tremendous amount of over time and it has taken a toll.
Dear Scott,
Thank you for your comment. I can’t give you specific legal advice on the webpage, but your predicament is very common and I have seen it come up many times recently in my practice since more and more baby boomers are retiring. Please feel free to contact my office to speak with an attorney if you would like more help.