Is alimony affected by the payor's retirement?
Yes, alimony is affected by the payor’s retirement in Hawaii. Generally speaking, when the payor retires, alimony ceases unless the divorce agreement specifically states otherwise. In some cases, the court may order the payor to continue paying alimony after retirement, which is known as “rehabilitative” alimony and is often used to help the receiving spouse become self-supporting after the divorce. Hawaii courts generally view alimony as a temporary source of financial support and will usually consider the retirement of the payor when determining the status of the alimony obligations. The courts may order a payor to continue making alimony payments in certain circumstances. Examples include when the receiving spouse is unable to become self-supporting because of age, disability, or other factors that would make obtaining gainful employment a challenge. If you are a payor or recipient of alimony in Hawaii, it is important to include language in the divorce agreement specifying how the payor’s retirement will affect the alimony payments. Without this important language, the court may consider the payor’s retirement when making an alimony determination.
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