Call us at 1-888-978-1178

Close Button

We Are Here To Help

Schedule your consultation below.

Spousal support after age 65. How does it work?

July 25, 2019

5.13K viewsSpousal Support

Spousal support after age 65. How does it work?


Traditionally, if you are about to reach the age of 65, you might be ready to retire from active employment in the workforce. If you are a support-paying divorced person, your decision to retire can impact your duty to pay spousal support to your ex, depending on whether that decision gives rise to a “material change” in circumstances, which is the threshold test for whether the court should change the spousal support order to reflect your new non-employment. Or, an automatic review of spousal support might be triggered once you reach 65, under the express terms of a domestic agreement with your ex, or under a court order.

Since retirement usually involves a reduction in your income, it represents a legitimate reduction in your ability to pay support. However, in most cases, a court will look at any post-retirement income you may still have, or in rarer cases may even treat you as if you are still earning the same income as before.

The materials contained in this website are intended to provide general information and comment only and should not be relied or construed as legal advice or opinion. While we endeavor to keep the information on this web site as up to date, accurate and complete as reasonably possible, we do not warrant the completeness, timeliness or accuracy of anything contained in this web site. The application and impact of laws can vary widely, based on the specific facts involved. For any particular fact situation, we urge you to consult an experienced lawyer with any specific legal questions you may have. Your use of this website doe not constitute or create a lawyer-client relationship. Should you wish to retain our firm, kindly contact our office to set up a meeting with a lawyer.
Book A Consultation