paying spousal support based on pension income

[maxbb50]

I live in Minnesota and have a question concerning my obligations to pay spousal support after I retire. My original divorce decree granted my ex-wife permanent spousal support. Last year that was stopped on a temporary basis (i.e., if my ex-wife's income in the future were to decrease substantially she could request the court to reinstate the support). In the original decree my ex-wife was awarded .062% of my pension when I retire. I was awarded the remainder of my pension. If her support is reinstated is it based on my pension income since it was awarded to me in the original divorce decree, or would it be based only on any additional income that I might earn? Thank you in advance for any help that I receive.

 

[I AM ALWAYS LIABLE]

I live in Minnesota and have a question concerning my obligations to pay spousal support after I retire. My original divorce decree granted my ex-wife permanent spousal support. Last year that was stopped on a temporary basis (i.e., if my ex-wife's income in the future were to decrease substantially she could request the court to reinstate the support). In the original decree my ex-wife was awarded .062% of my pension when I retire. I was awarded the remainder of my pension. If her support is reinstated is it based on my pension income since it was awarded to me in the original divorce decree, or would it be based only on any additional income that I might earn? Thank you in advance for any help that I receive.

My response:

It is based upon what your earning were at the time of the decree and what you are currently earning. When you retire, obviously, you won't have the same income. Therefore, upon retirement, you'll need to go back into court to have the amount adjusted based upon your then income capacity.

IAAL