My husband is filing for divorce after 18 years of marriage. We are both retired (he is 64 and I am 59). The only income we have is his social security (1760/mo) his pension (2100/mo) and my pension (500/mo). I am really worried since I have such a small pension and jobs at my age (or any age during these times) are very hard to come by. Based on our incomes, how much alimony will he be required to pay and for how long?
Thank you for any help.
Answer
Spousal support is based on five factors: length of the marriage, age of the parties, health history, earning capacity and standard of living during the marriage. The court cases that evolved would not require your husband to return to the work force since he has reached an age where one would normally retire. You are somewhat in a grey area on the courts interpretation of your obligation to return to work to supplement your income. The reality of being unable to find work at your age in this dismal job market may support the conclusion that you would be entitled to spousal support from your husband. The support would be calculated based on his retirement and social security income.
Answer
In a dissolution, you will be entitled to one-half of his retirement earned during the marriage and would have to give up one-half of your retirement earned during the marriage; however, temporary support will likely be calclulated on current incomes..
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