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I want to retire from my 36 year career as an engineer. My wife says she wants a divorce.

Shalimar, FL |

My wife has seen a lawyer but has not filed yet. Should I go ahead and retire before she files?

Attorney Answers 5


  1. Go ahead and retire, but your wife is still eligible to seek spousal support and/or a portion of any retirement benefits you would receive, regardless of when she files. Retiring before she files won't somehow prevent her from getting alimony or access to your retirement assets.

    This is not to be considered legal advice nor does an attorney-client relationship exist.


  2. The Florida courts view age 65 as the generally accepted retirement age. I suggest you consult with an attorney at your earliest convenience, get some advice and develop a case strategy before making any major life decisions.


  3. It seems you were on track to retire and that this choice by your wife has served to expedite your decision. Alimony is based on need and ability as well as length of marriage as to duration and nature of alimony. Also any pension(s) amounts accumulated during marriage are distributable.
    I recommend you see a family law attorney as she is already very informed.


  4. I agree with my peers. I also would like to point out that retirement before the filing of dissolution of marriage will help with the financial disclosure. The court will look at the income you are making now (it also looks at all other assets, liabilities and past income) and use that, too, in the ability to pay analysis. Retirement AFTER, if you are not 65 years, filing and using the income you currently get and wanting to modify alimony based on that retirement is more difficult. I do also agree that presenting all of your specific information and facts to an attorney for consultation will give you better options. Good luck.


  5. It is always risky to advise you to take an action which might appear to be a retaliatory act.

    You need to seek the assistance of local counsel as soon as possible.

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