What Potentially Happens If a Spouse Retires During a Divorce in New York?

If a spouse retires while a divorce is still pending in New York, it can affect both spousal support and how assets are divided. The Court will look closely at whether the retirement is genuine or just a way to avoid paying support.

If it seems unfair or too early, the judge can still count the spouse’s past income when setting support. If the retirement is reasonable based on age, health, or work history, support may be reduced.

Retirement accounts and pensions earned during the marriage are still divided as marital property. The goal is to make sure both spouses are treated fairly under the new financial circumstances.