Many people dedicate a substantial portion of their careers to saving for retirement, aiming for financial security in their later years. However, as this life stage approaches, questions often arise regarding ongoing alimony payments to a former spouse. Individuals frequently wonder if retirement offers grounds for modification or if payments will continue. If this reflects your circumstances, we invite you to continue reading as we delve into how retirement can affect alimony and underscore the importance of consulting with a determined Suffolk County Alimony Attorney for expert guidance during these intricate times.

Is Retirement Grounds for Alimony Modification in New York?

In New York, retirement may affect an existing alimony obligation. New York law generally permits the modification or termination of spousal maintenance in instances of a significant alteration in the financial circumstances of either the obligor or obligee. Retirement can result in a substantial diminution of income for the obligor, thereby potentially constituting a “good faith” reason to cease support payments. When evaluating a request for modification, the court will consider the following factors:

  • The age and health of each party
  • The rationale for retirement (voluntary or involuntary)
  • The obligee’s capacity for self-support
  • The financial impact of the modification on both parties
  • The assets and property holdings of each party
  • The earning potential of each party
  • The stipulations within the original divorce decree regarding retirement

How Do I Seek a Modification?

Generally, the spouse petitioning for the modification bears the responsibility of formally submitting a request to the court to initiate the legal process. You will be required to demonstrate the financial repercussions of retirement on your capacity to fulfill your obligation and establish that your retirement doesn’t constitute an intentional effort to evade your support obligation.

If you are seeking early retirement, it’s incumbent upon you to articulate the rationale, as early retirement is not invariably deemed reasonable. You will need to illustrate that your retirement aligns with customary age or industry standards to substantiate that you are not deliberately attempting to circumvent your support obligations. The court will scrutinize the presented evidence and ascertain the appropriateness of a modification. The court may approve, deny, or amend the support order based on pertinent evidence. However, if the court determines that retirement doesn’t warrant an alteration in the original order, your alimony obligation will persist.

Life circumstances evolve, and a once fair alimony arrangement may no longer be equitable. At The Law Offices of Susan A. Kassel, P.C., we understand the complexities of alimony modification. Contact us today to discover how we can help you achieve your objectives.