Does alimony terminate when the payor retires?

In New York, alimony may terminate when the payor retires, depending on the specific terms of the alimony agreement. In general, alimony orders will include language regarding any change in the income or employment of either party, including retirement. If the alimony agreement does not include language regarding retirement, then the court will review the agreement and use its discretion to decide if the alimony should terminate. In New York, courts will consider the following factors when deciding if alimony should terminate when the payor retires: 1. The amount of the alimony prior to retirement; 2. The lifestyle of the payor and the payee both prior to and after retirement; 3. The length of the marriage; 4. The ability of the payee to support themselves; 5. The age and health of both parties; 6. The need for the payee to maintain their standard of living. In addition, the court may also consider any other factors it deems relevant. Ultimately, the courts will decide whether alimony should continue or terminate based on the facts of the case. If the court decides that alimony should terminate, then the payor no longer has to pay alimony after retirement.

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