Calif Spousal Support Termination/Reduction

[bajaron]

What is the name of your state (only U.S. law)? California

I will be turning 65 in July 2012 and will not be able to provide present spousal support levels when I retire at age 65.

I will be retiring and going onto 100 percent social security ( mx ex, i.e supported spouse, has over 90 percent of my retirement and I will only be getting $40k, no matter how long I work .. so makes no sense to continue to work past age 65). I will not be able to afford the $2050/month spousal support payments anymore. I am remarried and we presently exist on the remainder of my net pay, which is slightly less than what I will be getting from social security. former marriage is of long term duration .. san diego family law court retains jurisdiction of the case. Ex says she cant work because she has been out of the workforce for too long. At last look, she is perfectly healthy, and has formerly worked in banking, before we were married. She declined me paying for retraining. The MSA excludes the ex from any part of my social security. There are no other assets involved.

What can I do?

 

[mistoffolees]

What is the name of your state (only U.S. law)? California

I will be turning 65 in July 2012 and will not be able to provide present spousal support levels when I retire at age 65.

I will be retiring and going onto 100 percent social security ( mx ex, i.e supported spouse, has over 90 percent of my retirement and I will only be getting $40k, no matter how long I work .. so makes no sense to continue to work past age 65). I will not be able to afford the $2050/month spousal support payments anymore. I am remarried and we presently exist on the remainder of my net pay, which is slightly less than what I will be getting from social security. former marriage is of long term duration .. san diego family law court retains jurisdiction of the case. Ex says she cant work because she has been out of the workforce for too long. At last look, she is perfectly healthy, and has formerly worked in banking, before we were married. She declined me paying for retraining. The MSA excludes the ex from any part of my social security. There are no other assets involved.

What can I do?

Unfortunately, you don't get to choose when to stop paying spousal support. Since you say that you'll be getting more when you retire, you can't use that argument, either.

In addition, some spousal support orders are not modifiable at all.

Let's start with telling us what your order says about spousal support. Word for word, but without the names.

 

[CourtClerk]

File for modification. You've got a 50/50 chance.

 

[bajaron]

Spousal support mod/termination

Thanks for fast repiles!

Clarifications

1. As for making more money after I retire NO my net now is $4k/month, of which spousal support is $2050/month. My Social security will be right around only $ 2K / month.
2. From what I have read so far, recent court cases in CA hold that I cannot be forced to work past age 65 simply to maintain spousal support payments.
3. The $40K I mentioned is the partioning off of my total accumulated retirement ... I get $ 40K of the total, ex gets the rest, per QDRO ... no matter how long I work ... so the ex. is holding off taking her share of the retirement, letting more and more interest accrue on the sum ... I get no more than $ 40K ... like virtual financial slavery with no relief
4. All of this came about because I ran out of funds to pay my attorneys and they withdrew from the case part way thru ... I had to handle it pro se
and her attorney "held all the cards" from then on.


anyway .. will dig up court papers ( I am at work now, so will be a while )

Thanks again for responses

 

[nextwife]

Age 65 certainly is not an "early retirement". Was anything addressed in your decree about what would happen when you finally did need to retire? Obviously you can't always work and support her. She was fool for not making any plan for the day you would be unable to have an earned income. Few people keep working until they die - unless they ultimately drop dead of a heart attack, which can easily be the outcome if one is not allowed to eventually retire..

 

[mistoffolees]

Age 65 certainly is not an "early retirement". Was anything addressed in your decree about what would happen when you finally did need to retire? Obviously you can't always work and support her. She was fool for not making any plan for the day you would be unable to have an earned income. Few people keep working until they die - unless they ultimately drop dead of a heart attack, which can easily be the outcome if one is not allowed to eventually retire..

She may have been a fool, but that doesn't mean that OP won't be paying alimony until one of them dies. Until we know what the order says, it's impossible to speculate.

 

[LdiJ]

Age 65 certainly is not an "early retirement". Was anything addressed in your decree about what would happen when you finally did need to retire? Obviously you can't always work and support her. She was fool for not making any plan for the day you would be unable to have an earned income. Few people keep working until they die - unless they ultimately drop dead of a heart attack, which can easily be the outcome if one is not allowed to eventually retire..

Actually 65 IS considered to be early retirement for SS purposes now. The current full retirement age is now 66 or 66 1/2. I will have to be 67 before I can retire with full benefits.

However, the OP's ex can apply for benefits of her own, on his earnings record (which will not diminish his benefits) and will receive 1/2 of what he receives. If she also received the bulk of his accumulated retirement savings she can also begin drawing on that if she is of retirement age.

I think that the only way that the OP is going to have a problem with retirement is if she is not yet of retirement age and therefore unable to draw any social security or retirement benefits herself.

 

[Bali Hai]

Actually 65 IS considered to be early retirement for SS purposes now. The current full retirement age is now 66 or 66 1/2. I will have to be 67 before I can retire with full benefits.

However, the OP's ex can apply for benefits of her own, on his earnings record (which will not diminish his benefits) and will receive 1/2 of what he receives. If she also received the bulk of his accumulated retirement savings she can also begin drawing on that if she is of retirement age.

I think that the only way that the OP is going to have a problem with retirement is if she is not yet of retirement age and therefore unable to draw any social security or retirement benefits herself.

I wouldn't call it retirement age since she obviously hasn't worked and refuses to work.

Call it the age at which she can continue bilking others.