Does alimony terminate when the payor retires?
In Colorado, alimony does not terminate when the payor retires, unless specified as part of the court order awarding spousal maintenance. Colorado law does allow the court to end or modify the amount or duration of alimony payments if there is a “substantial and continuing change of circumstances.” This could mean that a payor’s retirement could be seen as a substantial and continuing change of circumstances that would allow for a court to terminate or modify alimony payments. In order for a court to reach such a conclusion, the court would need to assess the financial situation of the recipient and the payor before and after retirement. If the court finds that the payor has sufficient assets to cover the alimony payments, or that the payor is in a better financial position, then the court could continue with the alimony payments. On the other hand, if the court finds that the payor’s retirement has resulted in a dramatic decrease in their income, then the court could terminate or reduce the alimony payments. Ultimately, whether alimony terminates when the payor retires depends on the individual circumstances of the payor and recipient. If the recipient can demonstrate an ongoing need for the alimony payments, then a court could order them to continue, even after retirement. It is important to note that if the court modifies or terminates alimony payments due to retirement, this will not be retroactive. The court will only make changes to the payments that happen after the payor’s retirement date.
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