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How to determine spousal support post-retirement?

Anonymous Asked:

If I were to retire shortly before embarking on the divorce process, currently in a marriage where I am the sole bread-winner, but the asset split would provide ample income for both parties post divorce, is my pre-retirement income taken into account to determine whether any spousal support is required?

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Andrew Heft
7 years ago

The income used to determine spousal support is usually your current income or that of the year prior. You can consider future income but would have to be able to prove that these would really be your future revenues.

If you separate before retirement (which is highly recommended if you have a pension plan) you should pay spousal as per current income. Come retirement, a request can be made to the Courts to change spousal support to account for your reduced retirement income.

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