Does alimony terminate when the payor retires?

In West Virginia, alimony can be terminated when an individual who is paying alimony reaches retirement age. It is important to note, however, that not all alimony orders are automatically terminated when the payor retires. When a court orders alimony payments, they are typically based on the individual’s ability to pay. When the payor retires, their income changes. As such, the court can modify the alimony payments to reflect the payor’s new income. This means that the amount of alimony may be lowered or terminated entirely. The courts of West Virginia are allowed to consider any factors that are relevant when determining if alimony should be terminated or modified upon retirement. Some factors include the age and health of both parties, the duration of the marriage, the income and earning capacity of each party, the standard of living during the marriage, any non-marital assets of the parties, and the ability of the spouse receiving alimony to support themselves. Due to the complexity of West Virginia’s alimony laws, it is best to speak to a qualified attorney to determine if alimony will terminate when the payor retires in your case. They will be able to evaluate your specific situation and advise you on the best course of action.

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Does alimony terminate when the payor retires?

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