Generally, voluntary retirement at or beyond the customary age of retirement, ie., 62-65, does not create a presumption that maintenance owed by the retiring spouse should be terminated. The retiring payor may still have the ability to earn income. Retirement may be a factor in the reduction of maintenance and may result in the termination of maintenance, but there is no presumption that such a reduction or termination will occur. The issue is at the discretion of the judge and is determined on a case-by-case basis.
©2017 Vanden Heuvel & Dineen, S.C. All Rights Reserved.