Does alimony terminate when the payor retires?
In Nebraska, alimony does not automatically terminate when the payor retires. The court will review the facts of the case to determine if there is a need to modify the existing alimony order when the payor retires. If the payor can show that they have suffered a change in financial circumstances due to retirement, the court may modify the order. The court typically looks at a variety of factors when deciding whether to modify or terminate an alimony order. These factors can include the length of the marriage, each party’s need for financial support, the custodial parent’s income or ability to support the child, tax consequences, the payor’s retirement plan, the payor’s retirement age, and the payor’s other sources of income. If the payor chooses to retire before the court has decided to modify or terminate the order, they must continue to make alimony payments until the court has rendered a decision on the matter. The court may also allow the payor to continue making alimony payments after retirement if the payor’s retirement income does not significantly reduce the payee’s financial need for alimony. In summary, alimony does not automatically terminate when the payor retires in Nebraska. The court must review the facts of the case and will determine if there is a need to modify the order. If the payor chooses to retire before the court has rendered a decision, they must continue to make alimony payments until the court has decided.
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