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.