Should final alimony payment be prorated

My divorce decree says, “begins on 3/1/16 and continues until husbands 65th birthday. He turns 65 on 2/7/18. My question is: Can I prorate the February payment since the degree says “until 65th birthday” ?

You should not prorate an alimony payment unless the court order or separation agreement says you can do this. If alimony in your case is paid once a month then you should make the full payment as it comes due on 2/1 (as you have in all previous months) unless your court order or separation agreement states something different.


Anna Ayscue

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

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