Alimony after retirement

I’m 60 and my ex husband is 61, divorced last Sept. after 38 years of marriage. We’re still trying to settle equitable distribution and alimony. My lawyer is telling me no judge will make my ex husband pay alimony once he retires. What if he decides to retire next year or right after this settlement is done? He’s got another woman to help support him. I’ve been a stay at home wife and mother entire marriage. What are the laws in NC regarding alimony after retirement?

Judges tend to not order alimony after retirement however, judges will determine what they believe to be a reasonable retirement age in each case. In your case, it is possible that the judge would not agree that age 61 is a reasonable retirement age and would require him to pay alimony for a specified time period (for example, until age 65 or 67).

It is possible that you could get more of marital estate in exchange for taking less alimony. But your husband deciding to retire now, in the midst of a divorce, when he is the supporting spouse and you are the dependent spouse, would likely appear to the judge that your husband is acting in bad faith in order to avoid alimony, and a judge will not agree with that.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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