Does alimony terminate when the payor retires?

In Georgia, the answer to the question of whether alimony will terminate when the payor retires depends on the specific language of the alimony agreement. Generally, alimony may terminate when the payor retires, depending on several factors such as the type and length of alimony being paid. Retirement may be a legitimate change of circumstances that could be used to petition for a modification of an existing alimony order. When both spouses agree that alimony should cease, the court may terminate a permanent alimony obligation. However, where the payor’s retirement is at issue, the court may decide that the payor will still be able to make alimony payments post-retirement. It is important to note that when a payor retires, they must still meet their court-ordered alimony obligation unless the court grants a deviation from the alimony order. If the alimony payor is still able to meet their obligation after retirement, they may be required to continue making payments. It is ultimately up to the court to determine if alimony should terminate upon retirement, and they will take into consideration the income of the payor before and after retirement as well as the spouse’s need for financial support. If the court determines that the alimony obligation should continue, then the payor would still be required to meet their alimony obligation.

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