Does alimony terminate when the payor retires?
In Louisiana, the answer to this question about alimony termination is complex and dependent upon the specifics of the individual case. Generally, alimony terminates when the payor retires in Louisiana, if the retirement was voluntary and was chosen by the payor. In this case, the payor will no longer be receiving a steady income and thus cannot continue to pay the alimony. If the payor was forced to retire due to illness or disability, then the decision as to whether or not the alimony terminates in this situation will be determined on a case-by-case basis. The court will consider the payor’s prior income, the payor’s current health, the payor’s financial ability to continue to pay alimony, and other relevant factors when determining whether or not the alimony will terminate upon retirement. In general, if the court finds that the payor is no longer able to pay alimony due to retirement, then the alimony will terminate. However, the court may also modify the alimony amount if the payor is still able to make some payments even after retirement. Each case is unique and the court will consider all the relevant facts before making a decision.
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