Does Retirement End Alimony ?   

Does retirement end alimony? The immediate answer to this question is “not necessarily”.

Many spouses believe that retirement is their way out of the alimony obligation.  The retirement of the spouse may be sufficient grounds to constitute a “change in circumstance” to reduce or terminate alimony. However, it must be noted that retirement alone is not an automatic ground to terminate alimony.

By law alimony automatically terminates at the death of the payee, the death of the recipient or the remarriage of the recipient spouse. Depending upon the type of alimony if the alimony granted is temporary or rehabilitative it may also terminate after the fixed duration. In all other cases alimony will continue until modified by court order.

Retirement is obvious change in circumstances, but that does not mean that the spouse could get rid of alimony obligation. The key issue is whether the retirement is mandatory or voluntary and whether the retirement was taken at ordinary retirement age or at an early stage this must be taken into consideration while reducing or terminating alimony.

 Each alimony case should be analyzed and studied separately and decision for the annulment of alimony should be taken after thoroughly examining the causes of retirement. If the payee spouse retires before the normal retiring age and asked for reduction of alimony then the court while granting alimony reduction takes into account whether the retirement was made in good faith or not whether the payee was planning his retirement at an early age in order to get rid of alimony obligation. Some other factors that a court considers when a person asked for termination of alimony after retirement are the age and health of the payer, his or her motives in retiring, his or her ability to pay and the financial sources of the recipient spouse.

Though retirement age and laws regarding termination of alimony after retirement vary from state to state but in most of states alimony automatically gets reduced or terminated if the payee spouse retires at the right age on the grounds of “change in circumstances”.

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Does Retirement End Alimony
 

How-To-Stop-Paying-Alimony      How to stop paying alimony? Is a question often put forth by a spouse who wants to get rid of alimony obligation under any circumstances. By law alimony automatically terminates at the death of the spouse paying it or the death of the recipient or the remarriage of the recipient spouse. More..

 


 

 

 
   
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