I have been paying spousal support on my gross wages (per our agreement). I also have had monies deducted from my pay for my retirement. For point of clarification this has occurred subsequent to our separation date.
I am considering retirement soon and it is my belief that I don’t have to pay spousal support on retirement benefits earned subsequent to the date of separation.
Correct?
You will need to pay alimony per the terms of your separation agreement or court order until alimony terminates per your separation agreement or court order.
Retirement deductions do count as your overall total income when calculating alimony.
Retirement benefits earned after the date of separation is your separate property. But that is a property/equitable distribution issue, not an alimony issue.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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