Does alimony terminate when the payor retires?
In North Dakota, alimony typically terminates when the payor retires, unless otherwise stated in a divorce decree or agreement. Exceptions may be made when the payor is eligible to receive social security benefits. The court may also consider the retirement of the payor in their decision to terminate alimony payments. The courts in North Dakota have also created guidelines to help determine whether alimony should continue after a payor’s retirement. Factors that the courts consider include the payor’s age, the length of the marriage, the reason for the divorce, and the availability of other retirement resources to the payor. If the court determines that the payor’s retirement does not constitute a change in circumstances, alimony may continue to be paid. In most cases, the court requires that the payor provide evidence that they are actually retired, such as proof of age, proof of retirement from a job, or Social Security benefits. The court will also consider the ability of the payee to support themselves after the payor retires. If the payor can show that their retirement income is significantly less than what they were earning during the marriage, alimony may continue. In North Dakota, it is possible for alimony to continue after retirement, but it is not guaranteed. The courts will consider the circumstances of the situation on a case-by-case basis and make a decision based on the evidence presented.
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