In Reston, Virginia, you may still have to provide spousal support even if you are retired. However, courts consider retirement a significant change in circumstances, which can convince them to change or stop spousal support. The court will consider several factors to get early termination of spousal support.
Factors the court will consider
The court will evaluate the following:
- Your reason for retirement: Whether it is voluntary, due to age or health reasons.
- Retirement income of both parties: The court will review your and your ex-spouse’s pensions, social security, and other retirement benefits to determine if support should continue.
- Both your financial situation: The court will also evaluate your financial situation.
- Duration of marriage: Long-term marriages are likelier to see continued spousal support past retirement.
If you have already retired when the divorce happens, the court may still consider spousal support, but your retirement status will significantly influence the decision.
Are there ways to end the support?
Any significant change in the circumstances of either divorcee can result in early termination of spousal support. The following may be grounds for early termination:
- Remarriage: If they have a new partner who can support them, the court can terminate the spousal support.
- Cohabitation: Much like remarriage, cohabitation with another person for at least a year can be a reason to terminate the support.
- Economic hardship: If you experience financial hardship, such as job loss or a long-term medical condition, you can request early termination of spousal support.
Whether you have long been retired, are just retiring or are planning to retire, the conditions for spousal support will depend on these factors and any others the court may examine. Consider consulting legal counsel for specific guidance.
