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The Effect of Retirement Upon Post-Divorce Maintenance

Kahn and Richardson - Tuesday, November 01, 2016

In determining post-divorce maintenance pursuant to the formulas set forth in the Domestic Relations Law, the Court is obligated to take into consideration “anticipated retirement assets, benefits, and retirement eligibility age of both parties, if ascertainable at the time of decision”. The statute further provides that, if these facts are not ascertainable at the time of the Court’s decision, the actual full or partial retirement of the payor spouse, with substantial diminution of income, shall be a basis for a modification of the post-divorce maintenance award.

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Practice Areas
  • Divorce
  • Separation Agreements
  • Custody & Visitation
  • Property Division
  • Spousal Maintenance
  • Child Support
  • Prenuptial Agreements

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