Alimony, also referred to as spousal support, is a financial arrangement where one spouse is required to make payments to the other after a separation or divorce. The purpose of these payments is to help the receiving spouse maintain a similar standard of living to the one they grew accustomed to during the marriage and to ensure they are not significantly disadvantaged by the separation. While spousal support is common, it is important to keep in mind that circumstances change, and there may be a reason to adjust or even terminate the financial obligation. Many individuals wonder whether retirement has any bearing on whether you can modify an alimony arrangement. Continue reading to find out and work with an experienced Dallas County post-judgment modification lawyer for skilled legal advice today.

Can You Modify Alimony Because of Retirement in IA?

Yes, you may be able to modify alimony if the paying spouse retires. While spousal support orders are legally enforceable documents, they are not necessarily set in stone. A state court has the authority to alter the terms of the agreement if it is warranted by a legitimate reason.

Retirement can be considered a significant change in life circumstances for an individual. Retiring means losing a steady paycheck. Even though most retirees receive Social Security benefits, pensions, or 401(k) funds, they often take a cut in pay when they stop working. If they can no longer afford to pay the same amount of alimony, a court could consider it a valid reason to modify the agreement.

How Can Alimony Be Modified?

According to Iowa Legislation Section 598.21C, a state court can modify a child, spousal, or medical support order if there has been a substantial change in circumstances. To determine whether the change is significant enough to warrant a modification, the court will consider the following factors and more.

  • Changes in the employment, earning capacity, income, or resources of a party
  • Receipt by a party of an inheritance, pension, or other gift
  • Changes in the medical expenses of a party
  • Changes in the number or needs of dependents of a party
  • Changes in the physical, mental, or emotional health of a party
  • Changes in the residence of a party
  • Remarriage of a party
  • Possible support of a party by another person
  • Changes in the physical, emotional, or educational needs of a child whose support is governed by the order
  • Contempt by a party of existing orders of court
  • Entry of a dispositional or permanency order in juvenile court pursuant to chapter 232 placing custody or physical care of a child with a party who is obligated to pay support for a child
  • Other factors the court determines to be relevant in an individual case

Retiring is considered a significant change in employment status and income, so depending on the details of the circumstances, a court may grant a modification. For more information and skilled legal counsel, reach out to a knowledgeable attorney today.