ex worried about new alimony law...

 

            Posted on Jan 15,2012

            Ex worried about new alimony law.

Q.  When my husband divorced me after 36 years of marriage, the court ordered him to pay me alimony and did not establish any cutoff date.

My ex-husband told me that when he retires next month, the new alimony law lets him automatically stop paying me alimony. 

Is that legal?   

G.U., Norton

A.   No.  He must file a complaint for modification and get the court to enter a new judgment ending alimony.

The new alimony law says that anyone paying alimony who already reached or who will reach full retirement age on or before March 1, 2015, may file a complaint for modification on or after March 1, 2013.

Full retirement age means the age at which your ex is eligible to receive full retirement benefits under the Social Security law without regard to a possible early retirement or delaying retirement in order to maximize his benefits.

Before the new law passed, alimony typically continued beyond full retirement age if the payor continued to or was still working.  Now, alimony will terminate even if your ex could or is still working.

But the alimony order can be extended if the court finds you proved, by clear and convincing evidence, that there has been a material change in circumstances since entry of the original judgment.

I placed a link to the full text of the new alimony law at the bottom of the opening page of my website:  www.nissenbaumhickey.com .