Does alimony stop when you retire in Massachusetts? Not necessarily. General term alimony generally ends when the payor reaches the statutory retirement age, but reaching that age creates a presumption of termination rather than permission to stop paying without a court order. Individual circumstances still matter, and a court may extend an existing order for good cause.
Retirement and alimony in Massachusetts can raise difficult financial questions for both parties. The type of alimony, the date of the divorce judgment, and whether the payor has reached full retirement age all affect what happens next.
Call us at (978) 744-7774 to schedule a consultation about how retirement may affect your alimony obligation.
Massachusetts Alimony Requirements
Massachusetts state law provides clear limits on the maximum duration of alimony payments for couples married 20 years or less. For those married more than 20 years, however, courts may require support payments to continue indefinitely.
In early 2012, the Massachusetts Alimony Reform Act made several changes to spousal support requirements. One of the most notable alterations is the provision generally specifying that alimony orders terminate when the payor reaches “full retirement age.” The age of retirement is based on Social Security guidelines, currently set between age 66 and 67.
This means the payor’s normal age for receiving full federal old-age retirement benefits. It doesn’t include an early retirement age. These retirement provisions apply to general term alimony, while rehabilitative, reimbursement, and transitional alimony have separate termination terms.
Does Retirement Affect Alimony?
Retirement itself can affect alimony because it can constitute a material change in circumstances for the ex-spouse paying alimony. Under the Reform Act, however, the relevant trigger is the payor reaching the age set by Social Security guidelines. At that point, the law presumes that general term alimony ends.
Before the Massachusetts Alimony Reform Act, payors needed to file a complaint for alimony modification if they sought to change or terminate alimony based on retirement. Now, the burden has effectively shifted so that an ex-spouse who wants to receive alimony after the payor has reached retirement age must prove to the court why spousal support is appropriate under the circumstances. The presumption is that alimony will cease once the payor reaches the designated age.
An extension beyond that age requires good cause and written findings from the court. The payor’s ability to continue working afterward isn’t, by itself, a reason to extend the obligation.
Statutory law isn’t entirely clear on every factor that establishes good cause for extending alimony after retirement. However, court precedent suggests that judges could consider factors such as:
- Advanced age, illness, or unusual health situations
- Tax considerations for both parties
- Health insurance availability and costs
- Unearned income, such as interest, capital gains, etc.
- Histories of mental or physical abuse
Because the courts haven’t ruled definitively on every ground for extending alimony obligations, both those seeking alimony and those who may be asked to pay alimony should consider working with a divorce lawyer to develop substantiated reasons supporting their position. The retirement provision doesn’t apply retroactively to alimony orders contained in divorce judgments entered before March 1, 2012.
What If You Retire Before Full Retirement Age?
Early retirement is treated differently from reaching the statutory age. Retiring early doesn’t invoke the statutory presumption that the obligation ends, and it doesn’t independently terminate an existing payment obligation.
If early retirement changes the payor’s income or creates another material change in circumstances, the payor may ask the court to modify the order. When both former spouses agree that a modification is warranted, they may file a joint petition. If they disagree, the requesting party must file a Complaint for Modification.
A financial statement is required when the requested modification would adjust the amount of alimony. At Koiles Pratt Family Law Group, we’ve assisted both payers and recipients with proposed changes to original alimony judgments, including matters involving changes in either party’s income. We also offer mediation as an alternative to litigating a disputed modification.
The Experienced Divorce Team at Koiles Pratt Family Law Group Could Assist with Alimony Issues
Whether retirement changes an alimony obligation depends on the type of support, the payor’s age, the judgment date, and the parties’ financial circumstances. Koiles Pratt Family Law Group represents both alimony payers and recipients in modification matters and can evaluate whether a joint petition, mediation, or contested Complaint for Modification fits the situation. Virtual consultations are available.
For questions related to your alimony case, schedule a consultation today.