If you’re among the many people who are divorcing as “empty nesters” in their 50s and 60s, your priorities will likely be considerably different from what they would have been several decades ago. You may be close to retirement (or at least partial retirement) and focused on preserving the post-retirement financial future you’ve worked and saved for all these years.
You likely are placing a priority on working toward a settlement that won’t disrupt that future any more than necessary. But what if your soon-to-be ex is seeking spousal support (alimony)? Does that mean you’ll have to continue working indefinitely if you’re order to pay support?
The good news is that you can’t be expected to work until you die from old age. Even if you’re ordered to pay spousal support initially, a court will likely allow you to modify or end the support order later as long as you retire at a reasonable age for your profession or you have to retire due to health issues or hit a mandatory retirement age.
How is spousal support determined in Pennsylvania?
If you believe or are certain that a spousal support order is in your future, it’s important to understand how the amount and duration are determined in Pennsylvania. Multiple factors can be considered, including the length of the marriage, both spouses’ income (from all sources) and any separate assets, earning potential, age and health.
If a spouse has been out of the workplace for years or even decades, they likely can’t be expected to become self-supporting immediately. Further, if they’ve been a stay-at-home parent, managed the home and maybe provided care for elderly family members, all of those contributions can be considered.
Modifying or ending a support order
Pennsylvania law doesn’t have hard-and-fast rules about the amount and duration of alimony. However, it must be “reasonable under the circumstances.” That means when you begin preparing for retirement, or at least a lighter workload, you’ll need to make the case for a reduction of spousal support.
Again, both your financial situation and that of your ex will be considered. The court will just need to see that you’re retiring or cutting back on work because it’s time – not to avoid paying your ex-spouse.
Having sound legal guidance through divorce and later, when you need to make modifications to any of your divorce agreements, will help you protect your rights and financial future.