Around 40% of people who got divorced in the U.S. in 2024 were 50 or older, compared to just 8% of older adult divorcees in 1990. The phenomenon of people getting divorced late in life is known as “gray divorce.”
Unfortunately, divorce late in life can be very destabilizing, as it can affect your retirement prospects when you have to divide up assets. That’s especially true if your spouse has more of the money and you’re left relying on them to pay alimony that they don’t always pay on time.
Let’s pretend, for example, that Susan is 67 and she got divorced from Ron last year. Ron is the wealthier of the two, and he kept most of the assets, but was ordered to pay Susan alimony since he’s worth millions and he’s still working at a high-powered job well into his 70s.
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Unfortunately, he’s not paying up, so Susan is forced to make ends meet on $2,000 per month in Social Security alone. Now Susan is wondering what she can do to make Ron pay what he owes. Fortunately, lawyers say that Susan has many options.
Paying alimony isn’t optional -- and Susan may be owed interest
The first key thing Susan needs to know is that she absolutely has the right to collect all of the alimony the court ordered, and her husband cannot withhold the funds, even if his financial circumstances change, such as if he decides to retire or take a pay cut in the near future.
“A court order requiring the payment of spousal support is legally enforceable — it is not optional. If your former spouse refuses to comply with the order, you have several legal remedies available to enforce payment,” Aree Diarian, a family law attorney and founder of Diarian & Bociaga, told Moneywise.
Diarian explained that people sometimes make the mistake of assuming that a change in financial circumstances, such as losing a job or another financial setback, could entitle them to stop paying spousal support, but that’s not actually true.
“A change in financial circumstances may justify requesting a modification, but it does not excuse unilateral nonpayment,” she said.
The key for Susan, or anyone else in this predicament, is to act quickly and use the power of the courts to get paid. “The appropriate enforcement strategy depends on the facts of each case,” Diarian said. “Anyone facing unpaid spousal support should act promptly, as early legal intervention often provides the best opportunity to enforce the court’s order and recover the support that is owed.”
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Susan can pursue multiple avenues to collect
Since Susan is legally entitled to the alimony, the only question is what method she wants to pursue to recover the funds.
Karie Boyd, a family law attorney at Boyd Law, told Moneywise that there are multiple options for Susan to start collecting. She can start with a simple demand.
“We may start off with a threat that precedes court intervention by simply making a meaningful demand,” Boyd said. “Ignore that demand, and the consequences can be harsh.”
If Susan’s husband doesn’t respond with prompt payment, the right approach will depend on whether he’s employed, owns his own business, or has tried shady tactics to get around paying in the past.
“We may start by going to his employer directly and demanding wage withholdings,” Boyd said. “This is the easiest path to wife’s enforcement success. The employer is legally obligated to follow the wage withholding order, and now husband has the public embarrassment of his employer paying his obligations given his inability to do so on his own accord.”
If the husband isn’t working, owns his own business, or attempts to hide his money, there are plenty of other paths to take.
“We may go back to court with an enforcement request along with several sanction requests and a demand that he pay her attorney fees for the hassle of having to enforce,” Boyd said.
Boyd also listed a huge number of other tactics she uses to collect for clients, including:
- Levying accounts
- Putting the spouse on the stand in a debtor’s exam
- Looking into business partners to see if they improperly tried to transfer income or assets to hide money
- Collecting accounts receivable from their business or obtaining an order demanding business distribution
- Requesting a contempt order
So, Susan definitely does not need to struggle to live on Social Securityr. She can make her husband pay the alimony the court says is due, plus attorneys’ fees. She just needs to call a lawyer first.
As Boyd said, “A court order to pay spousal support is not a request of the husband to pay; it is a demand. Unfortunately for him, he no longer holds the power of the purse strings.”
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Christy Bieber is a US based personal finance and legal writer who has 15 years of experience. She has written for many publications including Forbes, Kilplinger, CNN, WSJ, Credit Karma, Insurify and more.
