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Term Definition Retirement - generally, the years after a person’s career occupation ends and he or she stops working full time or works on a reduced schedule.
Application in Divorce Retirement years -- at one time called "the golden years" -- may begin as early as 55. People may begin to take Social Security as early as 62, but most wait until 65 or later to begin to take full benefits. Very often retirement reduces the income of the retiree, and this reduction may grounds for change in circumstance. As in other motions for modification, changed circumstances very often involve the reduced or increased income of one of the parties.

Courts view retirement benefits as income.

In the aftermath of divorce, retirement may have a significant impact on the obligations of the child support.

In considering motions for modification, courts may consider whether the disadvantage to the recipient outweighs the bad faith.

In general, courts consider five action was taken to avoid support; and 5) whether retirement was taken voluntarily for a reason other than health or forced retirement.

When a retiree argues that early retirement is being taken for health reasons, the burden of proof is on him.

See Modification.