If a spouse retires, does this constitute a change in circumstances to justify a termination of alimony in Florida?

Alimony is often but not always terminated because of the retirement of the payor. Even permanent alimony eventually terminates quite often well prior to the death of the payor or the re-marriage or death of the recipient. It can be changed, whether modified down, sometimes modified up or terminated, based upon a substantial change in circumstances. Twenty-five years ago the Florida legislature and the courts decided that retirement at a normal retirement age is typically a substantial change in circumstances entitling the payor of alimony to either reduce their alimony or to eliminate their alimony. However, you have to look at the particular facts. Sometimes people retire and what they earn actually doesn’t go down at all. Think of a police officer on duty for thirty years when they retire. Sometimes they earn every bit as much through retirement as they earned on the job. Then in that case, they may not be entitled to a reduction of their alimony obligation based simply upon their retirement if everything else stays equal. The bottom line is that frequently retirement does act as a caveat to lower or eliminate alimony by the payor but not always.

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