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Spousal support after age 65. How does it work?

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Spousal support after age 65. How does it work?

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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.

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