Is my health reason enough to end alimony?

[Desperate one]

What is the name of your state (only U.S. law)? Vermont

I recently had a brain aneurysm, where the recovery will take years. The doctors say stress is a major factor in preventing a stroke (blood still not absorbed in the brain) and the headaches I have everyday may not go away for months to come (it's already been 6 months). I am in sales and my job is very stressful, however because of the alimony I have to pay I am "not allowed" to quit my job, which of course adds to the stress. I have been paying alimony for 8 years now, with 7 left. My ex now has a full-time job, with full benefits and seems to be doing just fine. Would the courts now consider ending the alimony based on my health issues and the fact that she is now working full time? Advice needed.What is the name of your state (only U.S. law)?

 

[Proserpina]

What is the name of your state (only U.S. law)? Vermont

I recently had a brain aneurysm, where the recovery will take years. The doctors say stress is a major factor in preventing a stroke (blood still not absorbed in the brain) and the headaches I have everyday may not go away for months to come (it's already been 6 months). I am in sales and my job is very stressful, however because of the alimony I have to pay I am "not allowed" to quit my job, which of course adds to the stress. I have been paying alimony for 8 years now, with 7 left. My ex now has a full-time job, with full benefits and seems to be doing just fine. Would the courts now consider ending the alimony based on my health issues and the fact that she is now working full time? Advice needed.What is the name of your state (only U.S. law)?

Depends on how your order is worded.

So word for word please, minus names.

Also, do you qualify for SSDI/SSI?

 

[Desperate one]

Well, it's been a while but the way I remember it is that it can only be terminated if she remarries, and modified if there is a substantial change in finacial circumstances. I haven't looked into SSDI or anything else because I am 50 years old, remarried with a mortgage and have always worked hard and don't like to rely on others for support. It's not that I can't work, it's just that I'd like to leave my current job due to the stress not being good for my health. I would not be able to leave my current job and find anything that pays what I make now, so I feel as though because of the alimony I am stuck. Meanwhile she is has finally secured full-time employment with full benefits, so why should I have to continue to pay her - especially because I'm practically killing myself to do so??!?!! Would the courts be willing to look at the current circumstances and end the alimony?

 

[Proserpina]

Well, it's been a while but the way I remember it is that it can only be terminated if she remarries, and modified if there is a substantial change in finacial circumstances. I haven't looked into SSDI or anything else because I am 50 years old, remarried with a mortgage and have always worked hard and don't like to rely on others for support. It's not that I can't work, it's just that I'd like to leave my current job due to the stress not being good for my health. I would not be able to leave my current job and find anything that pays what I make now, so I feel as though because of the alimony I am stuck. Meanwhile she is has finally secured full-time employment with full benefits, so why should I have to continue to pay her - especially because I'm practically killing myself to do so??!?!! Would the courts be willing to look at the current circumstances and end the alimony?

A voluntary reduction in income generally won't allow you to modify the order.

If it's involuntary - ie, you're determined to be disabled - that will often be enough to modify.

Again though, we really do need word-for-word. It matters.

 

[Bali Hai]

Well, it's been a while but the way I remember it is that it can only be terminated if she remarries, and modified if there is a substantial change in finacial circumstances. I haven't looked into SSDI or anything else because I am 50 years old, remarried with a mortgage and have always worked hard and don't like to rely on others for support. It's not that I can't work, it's just that I'd like to leave my current job due to the stress not being good for my health. I would not be able to leave my current job and find anything that pays what I make now, so I feel as though because of the alimony I am stuck. Meanwhile she is has finally secured full-time employment with full benefits, so why should I have to continue to pay her - especially because I'm practically killing myself to do so??!?!! Would the courts be willing to look at the current circumstances and end the alimony?

You should continue to pay her because that's what your current court order directs you to do. If a doctor were to declare you unable to work at your present position, that might change things, but you will have to see a lawyer and discuss the possibility of filing a motion to modify the alimony order.

Do you have a life insurance policy naming your ex as beneficiary that would cover the remaining years that you are obligated to pay alimony?

 

[nextwife]

You should continue to pay her because that's what your current court order directs you to do. If a doctor were to declare you unable to work at your present position, that might change things, but you will have to see a lawyer and discuss the possibility of filing a motion to modify the alimony order.

Do you have a life insurance policy naming your ex as beneficiary that would cover the remaining years that you are obligated to pay alimony?

Good point. Her continued income stream is more imprtant to the court than his continued longevity. After all, he can keep working until something terrible happens, and that way she'll keep having income from him.

Poster, you need proof from your physician that continued work at your current schedule/occupation places you at risk for another aneurism, or other phyiscal risk, and then file a motion requesting a commenserate alimony reduction.

If I was worried about blood vessels bursting in my brain, I'd sure make a different work plan, and my family would have to plan their finances accordingly!

 

[LdiJ]

Good point. Her continued income stream is more imprtant to the court than his continued longevity. After all, he can keep working until something terrible happens, and that way she'll keep having income from him.

Poster, you need proof from your physician that continued work at your current schedule/occupation places you at risk for another aneurism, or other phyiscal risk, and then file a motion requesting a commenserate alimony reduction.

If I was worried about blood vessels bursting in my brain, I'd sure make a different work plan, and my family would have to plan their finances accordingly!

Actually, I think that her full time employment is a significant change in circumstances all by itself...his health is a factor as well but I think that her full time employment is more important, legally.