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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 11-21-2017, 05:44 AM
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Default The Law of 65

I read somewhere a while ago that if your years of marriage and your spouses age add up to 65, your most likely going to have to pay support till death. I'm right around 63 right now, just trying to figure out how screwed I am.
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Old 11-21-2017, 10:38 AM
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The rule of 65 is that you add up the years of marriage plus the age of the spouse who is receiving support. If it is 65 or more, support is "indefinite," which means there is no fixed end date. It could be death (of either of you), but isn't necessarily so.

First of all, you have to determine if there is spousal support to be paid at all. If it is to be paid, then you figure out the amount and duration. If the rule of 65 kicks in, duration is "indefinite."

Indefinte, can mean until death, it can mean until both parties retire and are on an (roughly) equal financial footing. It could end if the receiving spouse wins the lottery and no longer needs it (if SS is needs based.) If could mean a bunch of other things as well.

I suggest you read up on the SSAG (Spousal Support Advisory Guidelines) Spousal Support Advisory Guidelines and get a free initial consultation with a family law lawyer or two do get an idea where you stand.
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Old 11-21-2017, 12:15 PM
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Quote:
Originally Posted by Beachbum7079 View Post
I read somewhere a while ago that if your years of marriage and your spouses age add up to 65, your most likely going to have to pay support till death. I'm right around 63 right now, just trying to figure out how screwed I am.
I am also in the same boat - I'm at 61. The other side has agreed to a review in three years time on all issues around support - entitlement, quantum and duration.

I am of the opinion that you should try to get an end date right away. If you can't, get a review date where you know everything will be looked at again, and you don't need to prove a material change.
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Old 11-21-2017, 02:46 PM
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I have a question about this rule of 65. With people having second marriages etc later in life. Say the one seeking SS is 64 when they get married and they stay married for 2 years but get divorced. The rule wouldnt kick in then would it, considering it was a short term marriage?
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