Retirement Does Not Automatically Terminate Spousal Support Obligations

Many spousal support payors assume that their spousal support obligations will end when they retire. If you are paying support to a former spouse, however, don't assume that your support obligations will end with your employment. The courts look at the question of whether a support payor's retirement justifies the termination of his or her support obligations on a case-by-case basis. In many instances, support payors have been ordered to continue to pay some or all of their spousal support payments even after they have retired.

When Can the Issue of Retirement Be Raised?

There are several different periods at which spousal support payors may raise the issue of whether they must pay support post-retirement with the courts. The issue can be raised at the time when an order is made or an agreement is reached in the aftermath of the separation. It can also be raised after a final order for support has been made or an agreement is entered into. In the latter case,