The obligation to pay future alimony ends when the supported spouse remarries. The paying spouse doesn't have to return to court—payments may simply stop as of the date of the marriage. The payor is entitled to reimbursement for all maintenance paid from that date forward.
A general rule is that spousal support will last for half the length of a less than 10 years long marriage. However, in longer marriages, the court will not set alimony duration. The burden will be on the party who pays to prove that spousal support is not necessary at some future point in time.
Alimony Won't Terminate Just Because the Payor Retires. Although the income of the party paying alimony will go down or end when he or she retires, that doesn't mean that court-ordered alimony will terminate.
One change of circumstances is retirement. California law, for at least 15 years or so, has indicated that if a person reaches what has been the typical retirement age of 65, it is not necessary to keep working just to pay spousal support.
There is no firm dollar figure for spousal support. The amount should be decided by both parties. Some common ways of calculating spousal support are to take up to 40% of the paying spouse's net income (post-child support), less 50% of the amount of the supported spouse's net income (if he or she is working).
Payers' alimony obligation ends when they reach full retirement age, as defined by the Social Security Act. This allows a payer and payee to plan for retirement because they know ahead of time that it will end. There are guidelines for how long alimony must be paid based on the length of the marriage.
Generally, for short-term marriages (under ten years), permanent alimony lasts no longer than half the length of the marriage, with “marriage” defined as the time between the date of marriage and the date of separation. So, if your marriage lasted eight years, you may expect to pay or receive alimony for four years.
If you stop making alimony payments (regardless of the reason), you could face civil or criminal charges for contempt of court. Contempt of court means that you violated a court order during your divorce proceedings. The court might give you extra time to pay or establish a new payment plan.
The truth is, no one is guaranteed spousal support regardless of how long they've been married, and spousal support can be paid to wives or husbands. The ability of the supporting spouse to pay alimony, and. The relative age, health, education, and work experience of both parties.
Alimony will be awarded only when a former spouse is unable to meet their needs without financial assistance from a spouse who can afford to pay it.
You should hire an attorney to assist you with the process and get the ball rolling by filing a motion with the court, asking the judge to order your former spouse to pay all overdue payments and ensure no future payments are missed. In legal terms, this is known as a motion for contempt or enforcement.