Alimony and Older Divorcees

Andrew Hatherley |

Divorce can be challenging, particularly for older people who have spent a significant amount of time together. One of the most important aspects of a divorce settlement is determining the appropriate amount of alimony or spousal support that one partner will pay to the other. However, there are several special issues that older divorcees should consider when negotiating alimony payments.

Retirement and Fixed Income

One of the most important considerations for older divorcees is retirement. If one partner has already retired or is close to retirement age, it may be difficult to adjust their income to pay for alimony. Moreover, a fixed income may mean that there is little room for negotiation or adjustment, making it important for both parties to be aware of their financial limitations.

Health Concerns

As individuals get older, they may have more health concerns that require additional expenses. If one partner has significant health issues or disabilities, they may require additional financial support beyond what would normally be expected for alimony payments. This is an important consideration that should be taken into account when determining alimony payments.

Length of Marriage

Another important factor that affects alimony payments is the length of the marriage. In general, the longer the marriage, the more likely it is that the court will award spousal support. This is because the court recognizes that one partner may have given up career opportunities or otherwise made sacrifices to support the other partner during the marriage. In older divorce cases, where the marriage may have lasted for several decades, this consideration can be especially important.

Future Earning Potential

While older individuals may not have the same earning potential as they did earlier in their careers, they may still have the ability to generate income or increase their earnings. This is an important consideration when determining alimony payments.

In conclusion, alimony payments can be a critical aspect of divorce settlements for older individuals. It is important for both partners to consider the above factors when negotiating alimony payments to ensure that they are fair and reasonable. With careful consideration and negotiation, it is possible to reach an agreement that allows both partners to move forward
with their lives with financial security.

Andrew Hatherley is not an attorney and does not provide legal advice. All information he provides is financial in nature and should not be construed or relied upon as legal or tax advice. Individuals seeking legal or tax advice should solicit the counsel of competent legal or tax professionals knowledgeable about the divorce laws in their own geographic areas.