Recent Feedback
My husband was married to his first wife for 30 years and she was awarded spousal support (indefinitely) in the amount of $7200/month. My question is, when he retires (we currently live in Virginia), is he required to continue this, or does this get reduced according to SSI, etc. She was also awarded 60% of his retirement. Also, are there other states that do not require spousal support to continue after retirement?
Optional Information: State/Country of Question: Virginia
Disclaimer
By reading further, you agree to and understand the following: Laws vary drastically by state and country. It is impossible for an attorney to provide proper legal advice on JustAnswer and what follows is not legal advice and is general information provided for educational purposes only. No attorney-client relationship is formed. T-USA is not your attorney. No attorney-client privilege exists and anything written can be used in court if discovered by an opposing party. The following information is provided for the purpose of encouraging you to seek, in person, the counsel of an attorney who is licensed to practice law in your particular state. It is essential to consult such an attorney as soon as possible. _____________________________________ Answer No state actually "requires" spousal maintenance. However, states typically allow a court to create spousal maintenance if the circumstances of the parties so dictate. Regardless, forum shopping will probably not be a possibility, as the jurisdiction in which the divorce was granted likely has provisions to retain jurisdiction provided one spouse lives in that jurisdiction (specifically to prevent forum shopping).When determining whether or not to award spousal support, factors considered often include:1. Marriage duration.2. Age and health (physical and mental) of spouses.3. Standard of living during the marriage and ability of each spouse to maintain that standard.4. Earning capacities of spouses.5. Contributions to the marriage that supported one spouses career or damaged another spouses career opportunities (such as homemaker status).6. Parental responsibilities.7. Whether or not a party can become self-sufficient through training/education.8. Other factors necessary to accomplish equity. Typically, even when "permanent" spousal maintenance has been awarded, it may be possible to motion a court to modify the maintenance upon good cause shown. For instance, if the needs of one spouse or the ability to pay of the other spouse materially change, a court may modify the maintenance requirement. Accordingly, if the status of either party materially changes, a party can motion to modify/terminate spousal maintenance. However, it is possible that retirement may be viewed as a voluntary reduction in income which will not justify a reduction of the maintenance. However, if retirement is not voluntary, or if retirement is age related, a court may find that income was not voluntarily reduced and may consider the reduction in income to modify/terminate spousal maintenance.
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