Seniors divorcing can face some unique issues that aren’t faced from younger couples going through a divorce. For example, the issue of retirement has become a common component in senior citizens’ divorce proceedings, resulting in cases that have begun to define the actions to be taken.
California law has stated in the past that spousal support should not be too excessive, or result in a retired party coming out of retirement or getting another job because they cannot afford to live and pay spousal support. Retired citizens should have the ability to stay retired, even if they are going through a divorce. Therefore, spousal support should not be too excessive.
The ability to stay retired is also enforced for the party not seeking spousal support. For example, the party receiving spousal support should not be forced to come out of retirement and work in order to not receive this spousal support. A retired spouse cannot be forced to come out of retirement and find another job – or have a new responsibility of becoming self-supporting in lack of spousal support. If a senior couple decides to divorce one another, and they are already retired, neither should be forced to come out of retirement just to make up for lost income now that their assets are broken up.
Farbod Majd Esq.
Divorce Attorney w/ offices in Beverly Hills/Los Angeles
Services in English, Turkish, and Farsi/Persian (Iranian/American Lawyer)
8383 Wilshire Blvd Suite 646, Beverly Hills, CA 90211
310.956.4600 | Fax: 310.878.8989 | [email protected]