Alimony and retirement


#1

I have been married over 25 years and both of us are over 55. I plan to retire at 62. My stbx wants alimony for half the time we were married. I can pay the amount until I retire but could not after that because I would not have a salary and would already be sharing my retirement pay.

Do courts consider that I plan on retiring soon when determing the length of alimony; especially the half the time married rule of thumb?

Do courts consider my retirement plans on awarding alimony and the fact I would not have a job?

Do they consider other assets such as savings, mutual funds, etc. my stbx has when awarding alimony?

Do courts consider retiring at 62 voluntary and rule that I should work until I am at least 65?

Can I be required to take a lower retirement amount (state employee) and make my stbx the beneficary?

Thanks!


#2

Yes, courts do consider the ages of parties when making a determination of alimony, it is a possibility that you could be ordered to pay alimony only until you retire, and the retirement accounts would be divided as part of Equitable distribution. You could be ordered to designate your soon to be ex as beneficiary on your retirement plan(s).