Pensions & SS

[Cat77]

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

Ex wants to terminate alimony & have me collect pension (early) and
SS (early) instead. Will the Court go along with this idea? It would be
more than the alimony, but I thought a pension was an asset. Nothing
about collecting it instead in the divorce agreement.What is the name of your state (only U.S. law)?

 

[Ohiogal]

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

Ex wants to terminate alimony & have me collect pension (early) and
SS (early) instead. Will the Court go along with this idea? It would be
more than the alimony, but I thought a pension was an asset. Nothing
about collecting it instead in the divorce agreement.What is the name of your state (only U.S. law)?

Your ex cannot force you to do that. What does the divorce decree state regarding the pension?

 

[Cat77]

Pension was divided at the divorce. No other mention of it. No time limit put on the alimony. Ex is retiring & tells me to collect both pension & SS (early) so he can terminate alimony because he won't be able to afford it. (Not true). Can he get away with this 'change of circumstances' even with all the assets he has?

 

[nextwife]

IS he of usual retirement age, or retiring early?

Was NO provision put into your agreements regarding adjustments at retirement? I'm 56 and hubby 65, most of our friends are planning retirement, and every single one of them is presuming they will need to spend less, or have reduced their debts way down, when the eldest of the two retires. It is pretty standard across our age group to presume the need to bring down the cost of household and expenditures once the first hits retirement age.

Among our peers of this age group, it's pretty much a "given" that when the eldest reaches retirement, either they pare down spending A lot or the younger of the two will then make up the difference. Thats sound fiscal planning people can't enter their retirement years thinking they won't be required to change anything. That's fiscal folly.

 

[LdiJ]

Pension was divided at the divorce. No other mention of it. No time limit put on the alimony. Ex is retiring & tells me to collect both pension & SS (early) so he can terminate alimony because he won't be able to afford it. (Not true). Can he get away with this 'change of circumstances' even with all the assets he has?

He can suggest that you do that. He could also file for a modification to try to get the court to terminate or reduce alimony. However, neither he nor the judge can force you to start collecting retirement benefits early. Nor is there any guarantee that a judge will find in his favor.

 

[Cat77]

He's eligible for early retirement from his company (62). There were no provisions made for when he retires. He is filing for a modification. Claims he shouldn't have to pay me when I can collect more from the pension & SS,
but both would be early, and I thought both were assets, not something to replace alimony.

 

[mistoffolees]

Pension was divided at the divorce. No other mention of it. No time limit put on the alimony. Ex is retiring & tells me to collect both pension & SS (early) so he can terminate alimony because he won't be able to afford it. (Not true). Can he get away with this 'change of circumstances' even with all the assets he has?

No. His retirement is a voluntary action, so he can't claim it as a change in circumstances that would allow him to stop paying you alimony.

If he is suggesting that you should ALSO retire early, you should not retire early to collect pension and SS without discussing it at length with a financial advisor. Your monthly payment will be drastically reduced if you retire early - and why should you suffer just because he doesn't want to pay what he's required to pay?

I would resist it strongly. Get an attorney if you have to.