How to avoid paying alimony to a cheating spouse

How to avoid paying alimony to a cheating spouse

As you may have already known, alimony can cause a significant strain on your finance, which is why many sought for various means to avoid paying alimony. Some do numerous sneaky things, like go around the pressure of alimony to relieve their finance. It is a delicate issue, and you have to treat it with care, concern, and ethics. By so doing, you avoid any legal ramifications.

A good question is: how can you legally avoid giving your ex massive funds?

  1. Avoid Paying It In The First Place

The best way to avoid paying alimony is not to make them in the first place. Some couples often opt for ways to protect themselves, usually through a prenuptial agreement. What this agreement does is disclose the assets and income of both parties. An attorney must prepare the prenuptial document, which has to be approved by a judge before your marriage.

If you don’t plan on paying alimony, you should stay clear from such an agreement, but instead, offer your spouse a substantial amount of your marital assets and a large chunk of a retirement account. By doing these, you save yourself from paying alimony, provided you keep an open-line communication with your spouse.

  1. Prove Your Spouse Was Unfaithful

Another easy and common way to avoid paying alimony is to prove that the cause of the separation was due to your ex’s infidelity. Although laws differ from state to state, the court doesn’t give cheating spouses access to alimony payments.

However, you will need to gather evidence in case your spouse denies the allegation. This is where your video and photographic evidence will be most useful. Furthermore, gather witness statements and other incriminating evidence like text messages or unusual activities you noticed.

  1. Revamp Your Lifestyle

You might want to make significant changes in your lifestyle, especially if you earn higher than your spouse. In such a case, you might want to take a lower-paying job. In other words, you need to downsize to avoid paying alimony.

Downsizing your income and living lean might be the strategy you need to avoid paying alimony. You will need to plan and budget your way through, and having a little help from a financial guru might be what you need.

  1. End The Marriage

Your state will probably determine if you’ll pay alimony or not, only by considering how long you both have been married. The longer you both stay married, the higher-earning your spouse will be given alimony payments.

If you’ve already known that your marriage will not last, end it immediately to avoid paying alimony. The longer you and your spouse stay married, the more you’re likely to pay alimony.

Conclusion

There are numerous strategies to avoid paying alimony, and some of them are legal and ethical. The best action depends on your situation. Also, having legal aid will ensure you don’t make mistakes while you pursue this route.

How to avoid paying alimony to a cheating spouse

How to avoid paying alimony to a cheating spouse

Of course, the simplest way to avoid taking on another adult as your effective dependent for life is not to marry. However, for those inclined to enter into the legal relationship of marriage, the possibility of alimony will always be lingering in the background.

In every state, when two people marry, they are entering into a legal relationship. This relationship places on each spouse a duty to support each other during the marriage. It also may bring with it a duty to provide continued financial support after the marriage ends.

Whether alimony is paid and, what amount, is governed by state law. As a result, we’ll discuss some general principles that may allow you to get out of paying alimony.

This article will discuss an approach you may take to get out of paying alimony, starting with avoiding it altogether. If that is not a possibility, you may consider the other suggestions set forth herein, which have to do with how to stop paying alimony or at least reduce its amount.

Step 1: Avoid alimony completely

The easiest way to avoid paying alimony at all is not to get married. Without marriage, there is no relationship upon which to place a duty of mutual support. However, in most states, couples can often avoid paying alimony by agreeing that alimony will not be paid. This may be done through a premarital agreement, a postnuptial agreement, or a settlement agreement.

The first potential opportunity to get out of paying alimony is a premarital agreement, which is an agreement made before marriage in which the spouses make decisions about how issues like alimony will be handled if they get divorced later. Premarital agreements are only valid when both spouses make full disclosures to each other about what they own and how much money they make. Every state also places additional requirements on premarital agreements before they are considered valid. For example, common requirements include that premarital agreements must be in writing and must be signed. In addition, the couple must have had an opportunity to consult with an independent attorney before executing the agreement. Also, in most states, the agreement must have been fair at the time it was negotiated. Obviously, this is an issue that a judge must generally determine during a divorce.

If you are already married, you may still have an opportunity to avoid alimony altogether. Many states also recognized postnuptial agreements, which tend to be very similar to premarital agreements. The main difference is that they are executed after the marriage has already taken place.

And finally, if divorce is imminent, you may be able to negotiate not paying alimony in an agreement with your spouse. For example, you may decide to give your spouse a larger percentage of property, such as houses, cars, and bank balances, in exchange for not having to pay alimony. You might also attempt to negotiate a lump sum alimony payment, in which you pay one significant sum to your spouse and then do not pay again. Settlement agreements must be approved by a court before they become effective.

Whether you choose a prenuptial agreement, a postnuptial agreement, or a settlement agreement, it is important that you consult with an experienced family law attorney in your state. These attorneys have deep experience in divorce law and are able to help you negotiate an agreement that will work best at meeting your goals.

Step 2: End alimony you are already paying

If you are already paying alimony, your options are more limited. There are generally two ways you can get out of paying out alimony you have been ordered to pay: (1) meeting conditions in the court’s order or (2) meeting conditions in state law.

The court order requiring you to pay alimony should set forth the circumstances under which alimony will terminate. For example, you may be required to pay alimony only for a set period of time, which is what happens with temporary alimony or rehabilitative alimony. Both are, by their nature, limited to a particular period of time. For that reason, it’s important that you know what the court order says about when alimony terminates. In the case of permanent alimony, for example, it may only terminate when the spouse receiving alimony dies or remarries or when the spouse paying alimony passes away.

If you cannot meet the conditions set forth in the court’s order, you should consult with an attorney about whether you might be able to meet the legal standard for having alimony terminated in your state. In most states, you must show a material change or a substantial change in circumstances. Examples of things that might meet that standard include being laid off or becoming very ill or disabled. One important thing to know is that you cannot intentionally reduce your income to try to get out of paying alimony. If you do, the court has the power to “impute” income to you. This means that you will have to pay alimony based on the amount the judge you should be able to earn even if you do not make that much money. Clearly, this can lead to a significant shortfall in your budget and should be avoided at all costs. You may also be held in contempt of court, which can lead to jail time, and you may have to pay a fine.

Step 3: Reduce the amount of alimony you pay

If you cannot get out of paying alimony entirely, you may be able to reduce the amount of money you pay to your ex-spouse. The legal standard for this is usually that circumstances have changed substantially or materially. For example, perhaps you cannot work as many hours because you have to take ongoing medical treatments. Or maybe your ex-spouse has received a significant promotion, while you were demoted due to no fault of your own. In circumstances like these, a judge may find that the circumstances have changed enough so that you should not have to pay as much alimony.

If you’re looking to get out of paying alimony, your best bet is to hire an experienced family lawyer in your state. These attorneys know how to best frame the issues for the court to get you the best shot at getting out of paying alimony or having the amount reduced.

How to avoid paying alimony to a cheating spouse

How to avoid paying alimony to a cheating spouse

One can define alimony as the provisions provided to the spouse after separation or divorce. If the circumstances of your marriage and divorce fall within specific parameters, you may be unable to escape paying alimony to your ex-spouse. However, there are a few things that could help you on how to avoid paying alimony. Furthermore, we would also highlight how does alimony work, how is alimony calculated, how long do you have to pay alimony, is alimony taxable and also what happens if i stop paying alimony?

Earning less than your spouse

The alimony award is normally calculated based on two significant factors: the earnings of the asking and the income of the paying spouse. Thus, you may escape the payment of alimony if you earn less or about the same amount as your spouse. Also their is no predefined divorce alimony calculator and the alimony payments or alimony deductions vary from scenario to another.

1. If you got married for a short period of time

If your marriage has lasted for two decades and you were the bread winner of the family, you are most likely going to pay for spousal support but if you were married for only a short period time, it’s unlikely that the judge would require you to help support your ex. If you are married for short period, judges often try to restore spouses to their financial situation before the marriage. A few states award alimony for merely a short period of time to help the receiving spouse time to obtain job skills or an education to be able to support himself or herself when the other spouse’s earnings is considerably more.

2. Request for a vocational evaluation

You may be able to get out of paying alimony or minimizing the amount you pay if you prove to the court that your spouse does not have any need of it. If for example the asking spouse has educational qualification that could earn him or her better paying job but he or she intentionally prefers to work part-time in a minimum wage job by asking the court to carry out a vocational evaluation.

3. Ask for modification of termination of alimony payment

In divorce law and alimony payment, the decree of permanent payment of alimony does not mean that it can never be reviewed or terminated. It only means there is no specific date for the termination of alimony payment. If your ex-spouse re-marries or start to live with another partner in some states, you may be able to get the court to cancel out the payment of alimony and child support.

Again, you may be able to get the court to reduce the amount you pay in alimony if your income drops.

4. Pre-planning with a prenuptial agreement

If you are in the process of getting married and wondering how to avoid paying alimony in the event of the marriage ending in a divorce. You may be able to circumvent the payment of alimony by getting a prenuptial agreement. People normally ask for a prenuptial agreement when they earn or have more money than their future spouse for the fact that the standard of living and the amount each spouse earns is the determinant of whether a spouse gets alimony payment or not.

5. Quit any unhappy marriage relationship early enough

The alimony amount as well depends on how long you were married. Short-term marriages are frequently not granted alimony payment. If you are not happy in your marriage and the resolution is not coming soon, the earlier you separate and seek for divorce the better to circumvent the payment of alimony.

6. Pay property taxes

If during the divorce settlement you obtain property that you have to pay taxes on, it may determine the amount of money you’d be required to pay on spousal support. Thus, you may want to acquire any property that your spouse is willing to give up if it means that you will end up paying fewer taxes than overall alimony payment.

One of the most frequent threats that men (and sometimes women) make at some point in the divorce process in California is to quit their job before the divorce can be finalized. This threat is usually made right around the time the person in question has figured out that they may be forced by a court to pay spousal support for many years – or even indefinitely – and that California has among the most generous spousal support laws in the nation. Furthermore, the current income of both parties is a key factor in determining the spousal support amount.

Thus, the logical progression in some divorcing spouses’ minds is, well if I quit my job and am not making any money at the time the Judge sets spousal support, then I won’t have to pay any spousal support (and, hey, maybe she’ll have to pay me!), and then, after those orders are made, I can just go back out and get a job but never have to pay a dime in support. Right?

Wrong. Despite the “bright idea” wishful thinking of many a divorcing spouse, this is not how spousal support works in California.

The Difference Between Setting Temporary and Permanent Spousal Support

First off, it is important to understand the difference between temporary and permanent spousal support and specifically how these amounts are determined.

Temporary, or pendent lite, support is available during the time of the divorce proceedings, and can be sought at the beginning of a divorce proceeding and stay in effect until the divorce is finalized. Judges typically set temporary spousal support by feeding both spouses’ incomes into a county-wide formula which spits out a number that partially equalizes the income. Generally, temporary spousal support hearings do not involve much other evidence beyond that.

If one spouse decides to quit his or her job just before this type of hearing, her or she may face questions from the Judge regarding that interesting timing. That spouse is also stuck with not having an income, which for most is arguably worse than having to pay some of it to the other spouse.

In any case, this is a temporary hearing, and there will still be the question of setting permanent spousal support at trial. Permanent does not mean “forever” but rather a final number for the divorce, even though, as we will see below, even that might not be final.

Permanent Spousal Support Looks at Income Potential (Among Other Things), Not Just Income

When setting permanent spousal support in a divorce trial, the Judge will be looking at a number of factors, not just income. For those spouses hoping to slide by without having current income until the time the trial is however, they should note that a primary factor the Judge will look at is “The ability of the supporting party to pay spousal support, taking into account the supporting party’s earning capacity, earned and unearned income, assets, and standard of living.”

Thus, while income is one part of it, so is that party’s “earning capacity,” which, just as it sounds, is the amount of income the party could go out and earn, even if they are not doing so at the moment. So if your husband has been managing a restaurant for 10 years, then decides to stop working during the divorce, the court may well look at how much money he could be making doing similar work, and not make much of the fact he is currently earning nothing by choice. Understand, however, that this goes both ways, and a “supported spouse” may be held to his or her earning capacity as well in setting support.

Similarly, the court will look at a number of other factors in setting spousal support, including total assets and obligations held by each party, the contributions each party made to the other during the marriage, and the standard of living during the marriage.

Bottom line, no, voluntarily avoiding income during a divorce does not mean one avoids paying spousal support.

You Can Modify Support Even After the Divorce is Final

It is also important to understand that spousal support obligations can often be modified after the divorce is finalized, even years into the future, unless the parties both agreed to not allow for such modifications to be later made. California courts look to see whether there has been a “material change of circumstances” in modifying spousal support, which can be modified both upwards or downwards, or even terminated altogether.

One very common “material change of circumstances” is when a paying spouse obtains a higher paying job than was held at the time spousal support was set. This is not necessarily always successful grounds for a modification, but certainly where one spouse intentionally had low or no income when spousal support was set, a higher paying job down the line may well be sufficient reason for the court to later increase the amount of spousal support owed.

Guidance on Your California Spousal Support Questions From a Westlake Village Family Law Attorney

If you would like to learn more about how our office can provide guidance on your spousal support issues or any other California family law issues you are facing in Ventura County or Los Angeles County, contact the Zonder Family Law Group office today at (805) 777-7740 or (818) 877-0001, or schedule your strategy session using easy-to-use online form here.

One of the most frequent threats that men (and sometimes women) make at some point in the divorce process in California is to quit their job before the divorce can be finalized. This threat is usually made right around the time the person in question has figured out that they may be forced by a court to pay spousal support for many years – or even indefinitely – and that California has among the most generous spousal support laws in the nation. Furthermore, the current income of both parties is a key factor in determining the spousal support amount.

Thus, the logical progression in some divorcing spouses’ minds is, well if I quit my job and am not making any money at the time the Judge sets spousal support, then I won’t have to pay any spousal support (and, hey, maybe she’ll have to pay me!), and then, after those orders are made, I can just go back out and get a job but never have to pay a dime in support. Right?

Wrong. Despite the “bright idea” wishful thinking of many a divorcing spouse, this is not how spousal support works in California.

The Difference Between Setting Temporary and Permanent Spousal Support

First off, it is important to understand the difference between temporary and permanent spousal support and specifically how these amounts are determined.

Temporary, or pendent lite, support is available during the time of the divorce proceedings, and can be sought at the beginning of a divorce proceeding and stay in effect until the divorce is finalized. Judges typically set temporary spousal support by feeding both spouses’ incomes into a county-wide formula which spits out a number that partially equalizes the income. Generally, temporary spousal support hearings do not involve much other evidence beyond that.

If one spouse decides to quit his or her job just before this type of hearing, her or she may face questions from the Judge regarding that interesting timing. That spouse is also stuck with not having an income, which for most is arguably worse than having to pay some of it to the other spouse.

In any case, this is a temporary hearing, and there will still be the question of setting permanent spousal support at trial. Permanent does not mean “forever” but rather a final number for the divorce, even though, as we will see below, even that might not be final.

Permanent Spousal Support Looks at Income Potential (Among Other Things), Not Just Income

When setting permanent spousal support in a divorce trial, the Judge will be looking at a number of factors, not just income. For those spouses hoping to slide by without having current income until the time the trial is however, they should note that a primary factor the Judge will look at is “The ability of the supporting party to pay spousal support, taking into account the supporting party’s earning capacity, earned and unearned income, assets, and standard of living.”

Thus, while income is one part of it, so is that party’s “earning capacity,” which, just as it sounds, is the amount of income the party could go out and earn, even if they are not doing so at the moment. So if your husband has been managing a restaurant for 10 years, then decides to stop working during the divorce, the court may well look at how much money he could be making doing similar work, and not make much of the fact he is currently earning nothing by choice. Understand, however, that this goes both ways, and a “supported spouse” may be held to his or her earning capacity as well in setting support.

Similarly, the court will look at a number of other factors in setting spousal support, including total assets and obligations held by each party, the contributions each party made to the other during the marriage, and the standard of living during the marriage.

Bottom line, no, voluntarily avoiding income during a divorce does not mean one avoids paying spousal support.

You Can Modify Support Even After the Divorce is Final

It is also important to understand that spousal support obligations can often be modified after the divorce is finalized, even years into the future, unless the parties both agreed to not allow for such modifications to be later made. California courts look to see whether there has been a “material change of circumstances” in modifying spousal support, which can be modified both upwards or downwards, or even terminated altogether.

One very common “material change of circumstances” is when a paying spouse obtains a higher paying job than was held at the time spousal support was set. This is not necessarily always successful grounds for a modification, but certainly where one spouse intentionally had low or no income when spousal support was set, a higher paying job down the line may well be sufficient reason for the court to later increase the amount of spousal support owed.

Guidance on Your California Spousal Support Questions From a Westlake Village Family Law Attorney

If you would like to learn more about how our office can provide guidance on your spousal support issues or any other California family law issues you are facing in Ventura County or Los Angeles County, contact the Zonder Family Law Group office today at (805) 777-7740 or (818) 877-0001, or schedule your strategy session using easy-to-use online form here.

How to avoid paying alimony to a cheating spouse

As you may have already known, alimony can cause a significant strain on your finance, which is why many sought for various means to avoid paying alimony. Some do numerous sneaky things, like go around the pressure of alimony to relieve their finance. It is a delicate issue, and you have to treat it with care, concern, and ethics. By so doing, you avoid any legal ramifications.

A good question is: how can you legally avoid giving your ex massive funds?

  1. Avoid Paying It In The First Place

The best way to avoid paying alimony is not to make them in the first place. Some couples often opt for ways to protect themselves, usually through a prenuptial agreement. What this agreement does is disclose the assets and income of both parties. An attorney must prepare the prenuptial document, which has to be approved by a judge before your marriage.

If you don’t plan on paying alimony, you should stay clear from such an agreement, but instead, offer your spouse a substantial amount of your marital assets and a large chunk of a retirement account. By doing these, you save yourself from paying alimony, provided you keep an open-line communication with your spouse.

  1. Prove Your Spouse Was Unfaithful

Another easy and common way to avoid paying alimony is to prove that the cause of the separation was due to your ex’s infidelity. Although laws differ from state to state, the court doesn’t give cheating spouses access to alimony payments.

However, you will need to gather evidence in case your spouse denies the allegation. This is where your video and photographic evidence will be most useful. Furthermore, gather witness statements and other incriminating evidence like text messages or unusual activities you noticed.

  1. Revamp Your Lifestyle

You might want to make significant changes in your lifestyle, especially if you earn higher than your spouse. In such a case, you might want to take a lower-paying job. In other words, you need to downsize to avoid paying alimony.

Downsizing your income and living lean might be the strategy you need to avoid paying alimony. You will need to plan and budget your way through, and having a little help from a financial guru might be what you need.

  1. End The Marriage

Your state will probably determine if you’ll pay alimony or not, only by considering how long you both have been married. The longer you both stay married, the higher-earning your spouse will be given alimony payments.

If you’ve already known that your marriage will not last, end it immediately to avoid paying alimony. The longer you and your spouse stay married, the more you’re likely to pay alimony.

Conclusion

There are numerous strategies to avoid paying alimony, and some of them are legal and ethical. The best action depends on your situation. Also, having legal aid will ensure you don’t make mistakes while you pursue this route.

For the love of god, don’t try to hide your money.

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How to avoid paying alimony to a cheating spouse

Divorce is one of the most emotionally taxing events a person can experience, a fact that undoubtedly leads to numerous poor decisions when filing the ensuing paperwork. One of the most common areas where errors are made is during the process of alimony negotiation. Alimony is confusing to work out. In every state, the process for determining the amount of alimony — or “maintenance” payments — a breadwinner spouse must make to the other varies. The process requires a lot of consideration of finances, income, assets, and potential earnings of the non-breadwinner party in the marriage. Combined with the emotional high-wire act of the divorce process — and the pain that so often lingers from the dissolution of a marriage — stupid mistakes are bound to happen.

To help you avoid them, we spoke to a variety of experts to see what common mistakes to avoid when negotiating alimony payments — and what to keep in mind in order to not lose your cool.

Opting For Lump Sum or Short-Term, High-Cost Payments

“Every time I represent the breadwinner, the first thing they think is: I want to pay the least, and I want to pay for the shortest amount of time,” says Vikki Ziegler, a divorce attorney who has been working in family law for 20 years. While she understands that people want to wipe their hands of the whole marriage as quickly as possible, Vikki says it’s always a big mistake.

“Sometimes, you have to think about paying for a longer period of time but paying less,” says Ziegler. “People want to buy out their alimony. It’s like a bargain shopper, who gets a ton of stuff because it’s on sale.” There’s also the fact that with long-term, low-cost payments, people can terminate alimony payment if their ex-wife begins to cohabitate or marries someone else. If they pay a lump sum, although they may wipe their hands of it, they will never get that money back.

Not Seeking the Help of Outside Experts

“Dads, and even their attorneys, overlook the need for at least two experts in every case that deals with significant alimony payments,” says Scott Trout of Cordell and Cordell, the world’s largest men’s litigation firm. Those types of experts, per Trout, are a vocational rehabilitationist, and an accountant. “They’re an integral piece of not only minimizing the impact but perhaps even trying to prevent the award of alimony,” he says.

A vocational rehabilitationist will interview the other party in the divorce — the one who hasn’t been working — and tries to, with the knowledge of her skills, education, and work history, determine what their salary could be if they rejoined the workforce. This is important because most states don’t have a calculator for alimony payments.

A CPA or accountant, preferably a family accountant, will look over everything. This is particularly important in the face of the upcoming tax bill changes that will get rid of the deductions for alimony payments. A family accountant can actually look at someone’s bank accounts and determine what a family’s lifestyle actually is — and how much money will be needed to maintain that lifestyle.

Hiding (or Spending) Money to Reduce Payments

“Don’t just go spend all your money, thinking that you’ll pay less in alimony,” says Ziegler, who says this is a regular tactic used by scorned spouses. “It’s determined mostly on your income, not assets. So people think, Oh, let me go spend all my money, and the court is going to think, poor me. It does not work like that.” If someone does this, she says, they’ll be flat broke, paying alimony after they’ve spent all your liquid cash. And don’t even think about trying to hide or divert income from the court. If someone gets caught — and they will get caught, warns Ziegler — “Their credibility will be shot.”

Not Being Specific About Grounds for Termination

In many alimony payment agreements, there is specific language regarding the groundwork for termination of the payments. Whether it’s a change in financial circumstances or a new marriage, many dads make the mistake of being vague about when and how alimony will be cut off.

“You need to ensure the strongest language possible for termination in your negotiation,” says Trout. “If you are going to pay, you want some cohabitation language in there, not just remarriage language. Something that says: ‘In the event that the wife cohabitates with someone, whether it is intimate or not, whether it be a roommate, if she receives financial support in any manner, you can either say it’s grounds for modification by agreement; or grounds for termination.’”

A lot of people overlook this, says Trout, thinking that remarriage is enough. Such specific language will make certain that, if one’s ex does find someone new and things become serious enough to cohabitate, they won’t be paying for their new partner’s rent. It also helps bolster their case for any change in financial circumstance as a reason to renegotiate payments.

Not Taking Care of Yourself

“I think getting help from a therapist, with respect to the emotional aspects of divorce, is crucial,” says Ziegler. “Alimony can make people very angry. It’s not fun to have another payment to somebody when you’re working so hard. I’ve divorced a lot of people, and most people are resistant to getting help. But when you’re calm, you can make informed decisions much more easily than not. I think it’s an important component of the overall divorce process.”

Do you flee the country to avoid alimony? Or do you happily comply?

First, let’s discuss the “option” of fleeing the country to avoid paying alimony. It’s not really an option unless you consider obeying the law optional. In one sense, obeying the law is not optional because the law itself says so and makes provision for its enforcement by those who will not obey it. In another sense, obeying the law is not morally or ethically optional because if everyone treated obedience to law as optional and without adverse consequences for disobedience to it, we’d have anarchy, chaos, and misery.

Second, you have more options than those you listed in your question. If you are divorced and forced to pay alimony to your narcissistic ex-spouse, you not only have the options of 1) fleeing the country to avoid paying or 2) “happily complying”; you can also 3) grudgingly comply or 4) have the option of taking action in court to modify or terminate the alimony award.

The option of taking action in court to modify or terminate the alimony award is contingent on whether you can meet the legal requirements for modification. In Utah, where I practice divorce law, those requirements are either:

  • Unless a decree of divorce specifically provides otherwise, establishment by the party paying alimony that the former spouse, after the order for alimony is issued, cohabits with another individual, even if the former spouse is not cohabiting with another person when the party paying alimony files the motion to terminate alimony (and note that a party paying alimony to a former spouse may not seek termination of alimony under this provision later than one year from the day on which the party knew or should have known that the former spouse has cohabited with another individual); or
  • proving that, based on a substantial material change in circumstances not foreseeable at the time of the divorce, a modification or termination of the alimony award is warranted or necessary. Regardless of whether a party’s retirement is foreseeable, the party’s retirement is a substantial material change in circumstances that is subject to a petition to modify alimony, unless the divorce decree expressly states otherwise.
    • In determining an alimony modification (which could include termination), the income of any subsequent spouse of the alimony payor may not be considered, with the exceptions that the court may consider the subsequent spouse’s financial ability to share living expenses, or if the court finds that the payor’s improper conduct justifies that consideration, or if the court finds some other compelling reason to do so.