Early retirement and maintenance

Posted by: rockjoy2

Early retirement and maintenance - 11/03/17 12:32 PM

Heard through kid that ex plans to retire within the next 6 months. There are 2 years left of maintenance. If the ex chooses to retire early how does that affect the divorce decree
Posted by: MinnesotaMom

Re: Early retirement and maintenance - 11/06/17 03:27 AM

Is the maintenance listed as modifiable? How old is your ex and is he/she retiring because of disability or being unable to do their job?
Posted by: TJMH

Re: Early retirement and maintenance - 11/06/17 09:35 PM

Are you receiving or paying?

I don't think retirement by the receiving spouse would make any difference to spousal support.

In some states, either the family code or case law may recognize that retirement of the paying spouse may impact ability to pay, and that if they're at normal retirement age and unable to pay on their retirement income they have a cause to request a modification or termination.

The idea being that if a retired spouse has sufficient retirement income to continue to pay spousal support (like someone with a $multi-million 401K balance) they should continue to pay, but someone with nothing but Social Security shouldn't be forced to continue working past normal retirement age just so that they can meet their spousal support obligation.
Posted by: rockjoy2

Re: Early retirement and maintenance - 11/07/17 06:48 PM

No. He will be 55. In good health. His decision to retire.
Posted by: TJMH

Re: Early retirement and maintenance - 11/08/17 04:42 PM

Maintenance shouldn't change automatically on his retirement, I think it would remain the same unless he requests a reduction from the court due to his reduced income.

You would then have the opportunity to argue that his reduced income is voluntary on his part and shouldn't be considered as a reason to reduce.

Up to the judge how it gets ruled.