Changing your Retirement Date due to Divorce

IF I AM HEADED FOR A DIVORCE, DOES MY DATE FOR RETIREMENT HAVE TO CHANGE?

Depending on your circumstances, a divorce may mean you have to delay your retirement or it may not. If you are now or will be paying child support because your children are minors and will be minors after your anticipated date of retirement, generally speaking, a Court will not necessarily reduce your child support amount due to your deciding voluntarily to retire. However, if you have sufficient assets from which to pay your child support, the fact that you want to retire will not matter. As long as you can meet your legal obligations of support or property payments, if required, then it is fine for you to retire. If, however, you don’t have the assets and you would want to seek a reduction in either spousal support or child support because you want to retire, it is best to have that discussion prior to the divorce or during the divorce itself and have the agreement you reach with your former spouse written into the Agreement so that it is clearly anticipated and agreed upon. Again, pre-planning and anticipating life events are the keys to avoiding expensive and disappointing litigation.

 

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“Thanks for everything yesterday! I had a very informative and meaningful consultation with Batley Family Law. I can tell that they are compassionate and strong which I admire in a law firm. Their firm has written a great book on New Mexico Divorce Law and they had recommendations for books to help my kids in this process! Thanks for the great gifts as well. I look forward to working with them in the process that lies ahead.”

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Bobbie Batley is unquestionably the top family lawyer in New Mexico, largely because of the amazing team she leads. This firm cares about their clients, and puts those needs out front. I will never hesitate to refer to this firm!”

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“Batley Family Law provided me with excellent advice and service to effectively and efficiently resolve an issue with my best interests in mind. They did this with a great deal of compassion. I would highly recommend this firm.”

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Batley Family Law
316 Osuna Road Ne #301
Albuquerque, NM 87107
Email: office@batleyfamilylaw.com
Phone: 505-246-0500