Alimony & Retirement - Court Forum

raggedy4 · #1 (**permalink**) 09-04-2008

My Mom has been divorced from her husband for close to 15 years now. She has received alimony since the divorce. In her divorce papers, when her ex retires, she received a small portion either as a lump sum or payments each month, and alimony stops. The ex worked for the railroad for many years, but left a few years ago to take another job. Last month my Mother received a letter stating that the ex was going to claim early (60) retirment from the railroad and her alimony will stop. My question is, if he is still working this other job, is he truly retired and can he stop the alimony.

Thanks for any help!

clasione · #2 (**permalink**) 09-04-2008

Really depends on how that original contract/agreement was written. I think if he is legitimately retired he will be required to pay here that small portion or lump sum that was detailed. If he chooses to continue to work again somewhere else, should be his choice and decision to make. Even if he does work somewhere else, full time, part time, or just for fun to keep busy - he is still legitimately a retired person. His contractual agreement was met. Sometimes contracts don't contain enough "what if" clauses. This could be one of those cases - but again, really depends on the fine print in that original contract.

raggedy4 · #3 (**permalink**) 09-08-2008

Thank you for your reply!

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