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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Can Alimony be Stopped Due to Early, Voluntary Retirement

    A man in New York was ordered by a divorce court to pay spousal support to his wife, with the only grounds for stopping support being death, the wife's remarriage, or a significant loss of income to the husband. The man took a voluntary retirement at the age of fifty, and now refuses to pay any more spousal support claiming that his income has dropped to nothing. He did not seek court approval for the cessation of alimony. Can the ex-wife get a court to order him to resume payments?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Can Alimony be Stopped Due to Early, Voluntary Retirement

    Based upon those facts, I would expect that the divorce court would find that the man's reduction in income was voluntary and does not affect his obligation to continue to pay alimony. The wife should consult a lawyer about filing a "show cause" motion before the court that issued the spousal support award.

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